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Full text of "Code of laws of South Carolina 1952, Annotated"






AN ACT 



TO DECLARE THE COMPILATION, COLLECTION AND REVISION OF 
THE GENERAL STATUTE LAW OF THE STATE AS REPORTED BY 
THE CODE COMMISSIONER PURSUANT TO SECTION 5, ARTICLE 
VI, OF THE CONSTITUTION OF SOUTH CAROLINA 1895 THE CODE 
OF LAWS OF SOUTH CAROLINA, 1952 AND THE ONLY GENERAL 
STATUTORY LAW OF THE STATE. 

Be it enacted by the General Assembly of the State of South Carolina : 

SECTION 1. The Report of the Code Commissioner made to the General As- 
sembly for the year 1951 pursuant to Section 5, Article VI, of the Constitution 
of South Carolina, 1895 with the addition of the general and permanent provisions 
enacted during 1951 and other additions and amendments, eliminations, corrections, 
general make-up and arrangement made thereto is hereby adopted as the Code of 
Laws of South Carolina, 1952 and said code is hereby declared to be the only general 
statutory law of the State on the 8th day of January, 1952. 

SECTION 2. This act shall take effect immediately upon its approval by the 
Governor. 

In the Senate House the 8th day of March, 

In the Year of Our Lord One Thousand Nine Hundred and Fifty-Two. 



President of the Senate 



Speaker of the House of Representatives 
Approved the 19th day of November 





Governor 



CODE TITLES WITH THEIR VOLUME NUMBERS 



Volume 1. 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 

5. Amusements and Athletic Contests. 

6. Animals. 

7. Appeals. 

8. Banking, Commercial Paper and Fi- 

nance. 

9. Boards and Commissions. 

10. Civil Remedies and Procedure. 

11. Contracts and Agency. 

12. Corporations. 

Volume 2. 

13. Cotton. 

14. Counties. 

15. Courts. 

16. Crimes and Offenses. 

17. Criminal Procedure. 

18. Dams and Drains : Sanitary and 

Drainage Commissions and Dis- 
tricts. 

19. Decedents' Estates. 

20. Domestic Relations. 

Volume 3. 

21. Education. 

22. Educational Institutions. 

23. Elections. 

24. Electricity. 

25. Eminent Domain. 

26. Evidence. 

27. Fees and Costs. 

28. Fish, Game, etc. 

29. Forestry. ■ 

30. General Assembly. 

31. Guardian and Ward. 

32. Health. 

Volume 4. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants 

and Tourist Camps. 



36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United 

States. 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans' 

Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

Volume 5. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners 

of Deeds. 

50. Officers and Employees. 

51. Parks and Playgrounds. 

52. Partnerships and Joint Stock Com- 

panies. 

53. Peace Officers. 

54. Ports and Maritime Matters. 

55. Prisons and Other Methods of Cor- 

rection. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 

Volume 6. 

59. Public Works and Certain Public Au- 

thorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special 

Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 



Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS Members and Sloan Foundation 



http://www.archive.org/details/codeoflawsofsout01sout 



CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



IN EIGHT VOLUMES 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



VOLUME 1 



THE MICHIE COMPANY 
Charlottesville, Va. 

THE LAWYERS CO-OPERATIVE PUBLISHING CO. 
Rochester, N. Y. 

1952 



Copyright 1952 

by 
The State of South Carolina 



Preface 



In this Code, the general statutory law of South Carolina as of January 8, 
1952, has been set forth under seventy-two titles arranged alphabetically from 
Administration of the Government to Workmen's Compensation, and copious- 
ly cross-referenced. The modern method of codification here used is, we 
believe, an improvement upon that employed in the preparation of the 1942 
and earlier Codes of this State. Where necessary, titles have been sub- 
divided into chapters, articles and sections. In the several titles section 
numbers are not always consecutive, and breaks in the numbering have been 
purposely made so as to permit the insertion of subsequent legislation under 
whole section numbers. 

The editorial work, including annotations, has been done by The Michie 
Company of Charlottesville, Virginia, under the supervision and direction of 
the Code Commissioner and with the assistance of the Committee on Statutory 
Laws. This work has been of considerable magnitude, involving much re- 
editing and revising, and it is our hope that it has resulted in a clear and 
concise statement of the general statutory law of this State. While the 
substance of the existing general statutory law has, of necessity, been pre- 
served, many cumbersome provisions have been clarified and simplified by 
change of punctuation, breaking long sections or sentences into several shorter 
ones, and eliminating unnecessary verbosity and redundancy. 

The eight volumes of this work contain, in addition to the general statutory 
law of South Carolina, the Constitution of the United States, the Constitution 
of the State of South Carolina, the Rules of the Supreme Court, the Circuit 
Courts and the Probate Courts of South Carolina, and the Rules and Regula- 
tions issued by certain State departments and agencies, under authority of 
general and permanent laws, and in effect on August 14, 1952. In addition, 
there are several indices, a table showing the disposition of 1942 Code sections, 
and a table showing the placement of codified acts and joint resolutions of 
the 1942-1951 (both inclusive) sessions of the General Assembly. 

The attention of users of this Code is particularly invited to the provisions 
of § 30-203 relating to the construction of certain words, the use of the singular 
and the plural, the use of the genders and the use of the tenses. 

The cooperation and helpful suggestions of the Bench and Bar of this State 
and of the several Departments of the State are gratefully acknowledged. 

We are grateful to S. Henry Edmunds, Esq., William H. Grimball, Jr., Esq., 
and Bernard M. Thomson, Jr., Esq., of the Charleston Bar, and W. R. Symmes, 

iii 



iv Code of Laws of South Carolina 

Esq., of the St. Matthews Bar, for their assistance in checking and editing 
statutory provisions, and to Miss Lila Carter and Mrs. Frances B. Welch, of 
St. Matthews, for general clerical and secretarial work. 

Furman R. Gressette W. Brantley Harvey, Chairman 

CODE COMMISSIONER YT\ 5 ^'^ Vice - Chairman 

J. Carl Kearse 

Bruce W. White 

Paul M. Arant 

James B. Moore 

COMMITTEE ON STATUTORY LAWS 



Publishers' Foreword 



In accordance with a contract entered into with the State of South Carolina 
under the authority of a Joint Resolution entitled "A Joint Resolution to 
Authorize and Empower the Committee on Statutory Laws and the Code 
Commissioner of this State to Publish and to Make Contract for the Purchase 
of Not Exceeding Three Thousand (3,000) Sets of a New Code of Laws of 
South Carolina, and to Provide that the Publication Thereof Shall Be under 
the Supervision and Direction of Said Committee and Commissioner," ap- 
proved the 14th day of April, 1948, the publishers have prepared, edited, 
annotated and printed this Code of Laws of South Carolina, 1952. 

The editorial work upon the statutes was performed by Thomas J. Michie, 
assisted by John P. McGuire, Jr., and the Editorial Staff of The Michie Com- 
pany. John Gregg McMaster, of Columbia, South Carolina, rendered valuable 
service in obtaining needed information and advice from the various State 
boards and departments, all of whom were unfailingly co-operative, and trans- 
mitting it to The Michie Company. The annotations and cross references 
were prepared by the Editorial Staff of The Michie Company. The Lawyers 
Co-operative Publishing Company prepared the indexes and did the printing 
and binding. 

The Code of Laws of South Carolina, 1952, represents a complete revision 
and recodification of the general and permanent laws of the State. The ma- 
terial has been arranged in an orderly and logical manner, with a view to the 
consolidation of closely related matters under one heading and in one place, 
thus permitting future legislation on particular subjects without a disruption 
of the remainder of the Code. The Code has been divided into seventy-two 
Titles, alphabetically arranged, and numbered Title 1 to Title 72. These 
Titles have been divided into chapters and sections, and the longer chapters 
have been subdivided into articles. The chapters in each Title are numbered 
from 1 upward, as are the articles in each chapter which has been divided 
into articles. 

The system of numbering for the sections of the new Code has been found 
to be the most acceptable yet devised. The numbers used for the individual 
sections have no reference to chapters or articles. They consist only of the 
number of the Title and the number of the section within that Title, connected 
by a dash or hyphen. That is to say, the first section of the first Title is 
numbered 1-1, the second section of the first Title is numbered 1-2, and so on. 
Numbers have been skipped between articles and between chapters so that 
new sections based on future legislation may be inserted without the use ot 
decimals where such new material can be logically codified at the end of an 
existing chapter or article. New legislation which cannot be logically so 
codified should be numbered by the use of decimals. Thus, a new act which 

v 



vi Code of Laws of South Carolina 

should, for example, be codified between § 2-9 and § 2-10, will, it is contem- 
plated, be given the number 2-9.1. A few such section numbers containing 
decimals now appear in the Code, in instances where necessity compelled the 
insertion of sections after all sections within the Title had been numbered 
and the type had been set. Likewise, when it was necessary to delete a sec- 
tion after numbering and typesetting had been completed on a Title, the 
section number has been retained followed by the word "Blank," unless the 
section appeared at the beginning or the end of a chapter or an article. Such 
numbers may also be used, when appropriate, for future legislation. 

Following each section are the section numbers under which that section 
appeared in former Codes, followed by citations to the Acts and Joint Resolu- 
tions from which the section was derived and by which it has been amended. 
Thus the history of the section is apparent at a glance. 

The annotations in this Code are full and accurate, being the product of 
years of intensive editorial work. They are composed of the direct construc- 
tions of the laws contained in this Code, the Federal and State Constitutions, 
the Rules of Court and the Rules and Regulations issued pursuant to provi- 
sions in the general statutory law and filed in the office of the Secretary of 
State. Constructions have been taken from all South Carolina Reports through 
Volume 216, including the Old Series, and from all Federal cases which arose 
in South Carolina, concluding with Volume 92 F. Supp., Volume 183 F. (2d) 
and Volume 339 United States Reports. In addition, copious cross references 
between related provisions have been prepared and included both in the 
annotations and in footnotes. 

A table showing the disposition of the sections of the 1942 Code and a table 
by means of which subsequent Acts embodied in this Code may be found 
have been compiled and are contained in Volume 8. That volume also contains 
the general index. 

Each volume of the Code is equipped with a pocket for supplemental upkeep 
service. This is the first South Carolina Code so prepared and obviates the 
necessity for separately bound supplements. By means of annual, cumulative 
supplements inserted in the pockets, the owners of the Codes may be kept 
abreast of current legislation and constructions by the courts. The publishers 
urge that the State take full advantage of this means of keeping the Code 
current. 

Acknowledgment is hereby made to the West Publishing Company for 
permission to use the syllabi in Volumes 160 to 178 of the South Carolina 
Reports and to the Frank Shepard Company for the use of their South Carolina 
Citations in verifying the citations to unofficial reports. 

The publishers are confident that this Code of Laws of South Carolina, 1952, 
is in every respect an excellent Code, and as such will prove to be a material 
contribution to the orderly and efficient conduct of government and the im- 
partial administration of justice throughout South Carolina. It is, therefore, 
with the greatest of pride that it is presented to the State. 

The Michie Company 

The Lawyers Co-operative Publishing Company 



Table of Titles 



Title 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 

5. Amusements and Athletic Contests. 

6. Animals. 

7. Appeals. 

8. Banking, Commercial Paper and Finance. 

9. Boards and Commissions. 

10. Civil Remedies and Procedure. 

11. Contracts and Agency. 

12. Corporations. 

13. Cotton. 

14. Counties. 

15. Courts. 

16. Crimes and Offenses. 

17. Criminal Procedure. 

IS. Dams and Drains : Sanitary and Drainage Commissions and Districts. 

19. Decedents' Estates. 

20. Domestic Relations. 

21. Education. 

22. Educational Institutions. 

23. Elections. 

24. Electricity. 

25. Eminent Domain. 

26. Evidence. 

27. Fees and Costs. 

28. Fish, Game, etc. 

29. Forestry. 

30. General Assembly. 

31. Guardian and Ward. 

32. Health. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants and Tourist Camps. 

36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United States. 

vii 



viii Code of Laws of South Carolina 

Title 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners of Deeds. 

50. Officers and Employees. 

51. Parks and Playgrounds. 

52. Partnerships and Joint Stock Companies. 

53. Peace Officers. 

54. Ports and Maritime Matters. 

55. Prisons and Other Methods of Correction. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 

59. Public Works and Certain Public Authorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 



Table of Contents 



VOLUME 1 



Title 1. 

Administration of the Government. 

Chapter Page 

1. General Provisions, §§ 1-1 to 1-71 1 

2. Governor and Lieutenant Governor, §§ 1-101 to 1-131 14 

3. Secretary of State, §§ 1-201 to 1-207 20 

4. Attorney General and Solicitors, §§ 1-231 to 1-263 22 

5. Code Commissioner and Committee on Statutory Laws, §§ 1-301 to 

1-320 28 

6. State Budget and Control Board, §§ 1-351 to 1-358 34 

6.1. Mines and Minerals, §§ 1-361 to 1-382 37 

7. Grounds and Buildings, §§ 1-401 to 1-465 44 

8. Printing and State Publications Generally, §§ 1-501 to 1-568 52 

9. Census, § 1-601 59 

10. Blank 59 

11. Bonds of Political Subdivisions, §§ 1-644 to i-699 59 

12. State Finances, §§ 1-701 to 1-883 69 

Title 2. 
Aeronautics. 

1. General Legal Principles, §§ 2-1 to 2-22 95 

2. Uniform State Aeronautical Regulatory Law, §§ 2-51 to 2-77 98 

3. Airports Generally, §§ 2-101 to 2-133 106 

4. Particular Airports, §§ 2-201 to 2-478 112 

Title 3. 
Agriculture. 

1. General Provisions, §§ 3-1 to 3-52 143 

2. State Crop Pest Commission; Insecticides and Fungicides, §§ 3-101 

to 3-185 154 

3. Marketing of Agricultural Products, §§ 3-201 to 3-331 164 

4. Seeds and Seed and Plant Certification, §§ 3-401 to 3-454 194 

ix 



x Code of Laws of South Carolina 

Chapter Page 

5. Fertilizers, §§ 3-501 to 3-586 203 

6. Commercial Feeding Stuffs, §§ 3-601 to 3-678 219 

Title 4. 
Alcohol and Alcoholic Beverages. 

1. The Alcoholic Beverage Control Act, §§ 4-1 to 4-1 17 233 

2. Beer, Ale, Porter and Wine, §§ 4-201 to 4-236 257 

3. Alcohol, §§ 4-301 to 4-332 265 

4. Nuisances, Enforcement and Other Miscellaneous Provisions, 

§§ 4-401 to 4-423 271 

Title 5. 
Amusements and Athletic Contests. 

1. Circuses, Carnivals and Other Traveling Shows, §§ 5-1 to 5-19 . 281 

2. Motion Pictures, etc., §§ 5-101 to 5-104 287 

3. Horse Racing, §§ 5-201 to 5-204 289 

4. Prize Fighting and Boxing, §§ 5-301 to 5-308 290 

5. Endurance Contests, §§ 5-401 to 5-402 292 

6. Pool and Billiards, §§ 5-501 to 5-521 292 

7. Dance Halls, Slot and Music Machines, etc., §§ 5-601 to 5-678 298 

8. Charleston Municipal Stadium Commission, §§ 5-701 to 5-70S 311 

Title 6. 
Animals. 

1. Cruelty to Animals, §§ 6-1 to 6-18 315 

2. Dogs and Rahies, §§ 6-101 to 6-141 320 

3. Estrays, §§ 6-201 to 6-209 326 

4. Livestock and Poultry Generally, §§ 6-301 to 6-347 329 

5. Sanitary and Health Provisions, §§ 6-401 to 6-495 339 

Title 7. 
Appeals. 

1. General Provisions, §§ 7-1 to 7-20 355 

2. Appeals from Magistrates in Criminal Cases, §§ 7-101 to 7-107 .... 360 

3. Appeals from Probate Court, §§ 7-201 to 7-208 363 

4. Appeals to Circuit Courts in Other Cases, §§ 7-301 to 7-344 368 

5. Appeals to Supreme Court, §§ 7-401 to 7-430 382 



Table of Contents xi 

Title 8. 

Banking, Commercial Paper and Finance. 

Chapter Page 

1. Money and Interest, §§ 8-1 to 8-9 403 

2. State Board of Bank Control, §§8-51 to S-62 413 

3. Banks and Banking, §§ 8-101 to 8-317 417 

4. Cash Depositories, §§ 8-401 to 8-417 461 

5. Banks Doing a Trust Company or Safe Deposit Business, §§ 8-571 

to 8-586 465 

6. Building and Loan Associations, etc., §§ 8-601 to 8-625 470 

7. Blank 476 

8. The Negotiable Instruments Law, §§ 8-801 to 8-1076 477 

9. Other Provisions Relating to Negotiable Instruments, §§ 8-1081 

to 8-1108 520 

Title 9. 
Boards and Commissions. 

1. Historical Commission, §§ 9-1 to 9-16 .■ 525 

2. Interstate Cooperation, §§ 9-101 to 9-107 529 

3. Reorganization Commission, §§ 9-201 to 9-226 531 

4. Research, Planning and Development, §§ 9-301 to 9-312 539 

5. Uniformity of Legislation, §§ 9-401 to 9-403 547 

6. Distribution of Dead Bodies for Scientific Purposes, §§ 9-501 to 

9-509 547 

Title 10. 
Civil Remedies and Procedure. 

1. General Provisions, §§ 10-1 to 10-28 552 

2. Limitation of Civil Actions, §§ 10-101 to 10-150 562 

3. Parties, §§ 10-201 to 10-257 586 

4. Venue, §§10-301 to 10-311 616 

5. Summonses, Orders of Publication and Service of Papers General- 

ly, §§ 10-401 to 10-473 634 

6. Notice of Lis Pendens, §§ 10-501 to 10-505 667 

7. Pleadings, §§ 10-601 to 10-696 670 

8. Joinder of Causes; Counterclaim and Set-off; Cross Claims, §§ 10- 

701 to 10-707 724 

9. Arrest and Bail in Civil Actions, §§ 10-801 to 10-882 739 

10. Attachment, §§ 10-901 to 10-956 758 

11. Compromise, §§ 10-1001 to 10-1005 788 

12. Issues and Modes of Trial, §§ 10-1051 to 10-1059 790 

13. Calendars, §§ 10-1101 to 10-1121 797 

14. Trial and Certain Incidents Thereof, §§ 10-1201 to 10-1243 802 

15. Legal Notices Generally, §§ 10-1301 to 10-131 1 825 



xii Code of Laws of South Carolina 

Chapter Page 

16. Referees and Masters, §§ 10-1401 to 10-1416 828 

17. Verdicts, §§ 10-1451 to 10-1463 837 

18. Judgments and Decrees Generally, §§ 10.-1501 to 10-1567 854 

19. Costs, §§ 10-1601 to 10-1626 879 

20. Executions and Judicial Sales Generally, §§ 10-1701 to 10-1793 894 

21. Abatement of Nuisances, §§ 10-1801 to 10-1813 930 

22. Arbitration, §§ 10-1901 to 10-1905 933 

23. Death by Wrongful Act and Lynching, §§ 10-1951 to 10-1961 934 

24. Declaratory Judgments, §§ 10-2001 to 10-2014 945 

25. Injunctions, §§ 10-2051 to 10-2060 949 

26. Mandamus, §§ 10-2101 to 10-2104 959 

27. Moneys Paid into Court, §§ 10-2151 to 10-2154 962 

28. Partition, §§ 10-2201 to 10-221 1 963 

29. Quo Warranto and Scire Facias, §§ 10-2251 to 10-2271 968 

30. Receivership and Other Provisional Remedies, §§ 10-2301 to 10- 

2313 975 

31. Recovery of Real Property, §§ 10-2401 to 10-2457 985 

32. Recovery of Personal Property, §§ 10-2501 to 10-2516 1007 

33. Remedies of Minors, Incompetents and Females, §§ 10-2551 to 10- 

2591 1015 

34. Suits Involving State and United States, §§ 10-2601 to 10-2604 1022 

Title 11. 
Contracts and Agency. 

1. Sealed Instruments, § 1 1-1 1025 

2. Gambling and Future Contracts, etc., §§ 11-51 to 11-68 1026 

3. Statutes of Frauds, §§ 11-101 to 11-103 1031 

4. Infants' Contracts, §§ 11-151 to 11-156 1039 

5. Bulk Sales Contracts, §§ 11-201 to 11-206 1041 

6. Separate Composition of One of Joint Debtors, §§ 11-251 to 11-253 .. 1044 

7. Agents Acting after Death of Principal, §§ 11-301 to 11-304 1046 

Title 12. 
Corporations. 

1. General Provisions, §§ 12-1 to 12-10 1049 

2. Creation and Organization of Corporations Generally, §§ 12-51 to 

12-85 1053 

3. Powers of Corporations Generally, §§ 12-101 to 12-105 1062 

4. Capital Stock and Stockholders ; Bonds, §§ 12-201 to 12-2S6 1064 

5. Uniform Stock Transfer Act, §§ 12-301 to 12-324 1078 

6. Officers and Directors, §§ 12-352 to 12-366 1085 

7. Amendment and Renewal of Charters, §§ 12-401 to 12-425 1087 

8. Merger and Consolidation in General, §§ 12-451 to 12-466 1092 

9. Consolidation of Church Corporations, §§ 12-501 to 12-507 1098 



Table of Contents xiii 

Chapter Page 

10. Dissolution and Transfer of All Assets, §§ 12-601 to 12-655 1100 

11. Foreign Corporations, §§ 12-701 to 12-738 1111 

12. Charitable, Social and Religious Corporations, §§ 12-751 to 12-765 . . 1 1 IS 

13. Cooperative Associations Generally, §§ 12-801 to 12-S20 1122 

14. Cooperative Marketing Act, §§ 12-901 to 12-975 1127 

15. Rural Electric Cooperative Act, §§ 12-1001 to 12-1083 1140 



CODE OF LAWS OF SOUTH CAROLINA 

1952 

Title 1. 
Administration of the Government.* 

Chap. 1. General Provisions, §§ 1-1 to 1-71. 

2. Governor and Lieutenant Governor, §§ 1-101 to 1-131. 

3. Secretary of State, §§ 1-201 to 1-207. 

4. Attorney General and Solicitors, §§ 1-231 to 1-263. 

5. Code Commissioner and Committee on Statutorv Laws, §§ 1-301 to 

1-320. 

6. State Budget and Control Board, §§ 1-351 to 1-358. 
6.1. Mines and Minerals, §§ 1-361 to 1-382. 

7. Grounds and Buildings, §§ 1-401 to 1-465. 

8. Printing and State Publications Generally, §§ 1-501 to 1-568. 

9. Census, § 1-601. 

10. Blank. 

11. Bonds of Political Subdivisions, §§ 1-644 to 1-699. 

12. State Finances, §§ 1-701 to 1-883. 



CHAPTER 1. 

General Provisions. 

Article 1. Article 3. 

Executive Department. Purchases and Certain Employment. 

Sec. Sec. 

1-1. What officers constitute executive 1-21. Preference by state and local officials 

department. to local production. 

1-2. Vacancies in executive department. 1-22. Method of applying such preference. 

1-3. Books, stationery and postage. 1-23. Hearing on such preference. 

1-24. Blank. 

Article 2. 1-25. Preference to residents and persons in 

~.~- . . _ , , „ . .. business in certain purchases. 

Official Rules and Regulations. i <« -p. e ■»■ 

& 1-26. Definitions. 

1-11. Not effective until certified and filed; 1-27. Goods purchased in violation of fore- 
authority for issue. going provisions. 

1-12. Duty of Secretary of State. 1-28. Certain supplies produced by blind 
1-13. Indexing. persons, etc. 

1-14. Copies to Code Commissioner. 1-29. Employment of such persons. 

1-15. How long such rules effective. 1-30. Penalty. 

1-16. Publication of rules in acts. 1-31. Definition. 

1-17. Publication of rules in Code. 1-32. Release from §§ 1-28 and 1-29. 

* As to constitutional provision for separate departments, see S. C. Const., Art. 1, § 14. 
As to right to petition government for redress of grievances, see S. C. Const., Art. 1, § 4. 
As to qualification of elective or appointive officers, see S. C. Const., Art. 17, §§ 1, 4. As 
to impeachment of officers, see S. C. Const., Art. 15, §§ 1 to 4. As to bribery and corruption 
of officers, see §§ 16-211 to 16-216. As to bribery in public office, see §§ 16-558.1 to 16-558.3. 
As to South Carolina retirement system generally, see §§ 61-1 to 61-202, 

[ISC Code] — 1 1 



§1-1 



Code of Laws of South Carolina 



§1-2 



Sec. 

1-33. Blind persons to operate sales stands 
in government buildings. 

1-34. Same; in institutions receiving State 
aid. 

1-35. Only American citizens to be em- 
ployed; exception. 

Article 4. 

Provisions Affecting Only State Officers, 
Boards, etc. 

1-41. Oath and bond of certain departmen- 
tal clerks. 

1-42. State employees not to receive pay in 
advance. 

1-43. Removal of officers elected by Gen- 
eral Assembly. 

1-44. Period covered by annual reports. 

1-4S. Contents of reports. 

1-46. One report not to be embraced in an- 
other. 

1-47. Special reports. 

1-48. Assistance in selling U. S. savings 
bonds to employees; deductions 
from pay. 

1-49. Deductions for group life and hos- 
pital insurance. 

Article 5. 

Provisions Affecting Local or Local and 
State Officers, etc. 

1-50. Compensation of certain officers and 
employees. 



Sec. 

1-51. Officers not to absent themselves from 
State without leave of Governor. 

1-51.1. Official receipts for moneys col- 
lected. 

1-52. Interest on deposits of public funds. 

1-53. When negotiable notes may be used. 

1-54. Contracts in excess of tax or appro- 
priation; diverting public funds. 

1-55. Uniform system of reports of county 
officers. 

1-56. Reports on such forms. 

1-57. Use of loose leaf record books. 

1-58. Same; exceptions in certain counties. 

1-59. Destroying records when photo- 
graphed, etc. 

1-60. Duties of officers receiving codes and 

supplements. 
1-61. Delivery of codes and supplements 

to successors in office. 
1-62. Protection of deposits of public funds 

by federal deposit insurance; other 

security. 

1-63. Investment in savings and loan asso- 
ciations, etc. 

Article 6. 

Bankruptcy of or Compositions by Local 
Governmental Units. 

1-71. Consent of State thereto. 



Article 1. 

Executive Department. 

§ 1-1. What officers constitute executive department. 

The executive department of this State is hereby declared to consist of the 
following officers, that is to say: «The Governor and Lieutenant Governor, 
the Secretary of State, the State Treasurer, the Attorney General and the 
solicitors, the Adjutant General, the Comptroller General, the State Superin- 
tendent of Education, the Commissioner of Agriculture and the Insurance 
Commissioner. 



1942 Code § 3082; 1932 Code § 3082; Civ. C. '22 § 766; Civ. C. 
§ 613; G. S. 464; R. S. 530; 1865 (13) 350; 1941 (42) 119. 



'12 § 682; Civ. C. '02 



Cross references. — As to the executive de- 
partment generally, see S. C. Const., Art. 4, 
§§ 1 to 24. For constitutional provision con- 
cerning election and term of officers in ex- 
ecutive department, see S. C. Const., Art. 



4, § 24. As to the officers appointed by 
Governor, see § 1-122 and note thereto. 

Quoted in State v. Singleton, 100 S.C. 465, 
84 S.E. 989. 



§ 1-2. Vacancies in executive department. 

In case any vacancy shall occur in the office of Secretary of State, State 

2 [ I SC Code] 



§ 1-3 Administration of the Government § 1-13 

Treasurer, Comptroller General, Attorney General or Adjutant General, such 

vacancy shall be filled by election by the General Assembly, a majority of the 

votes cast being necessary to a choice. If such vacancy occur during the recess 

of the General Assembly, the Governor shall fill the vacancy by appointment 

until an election by the General Assembly at the session next ensuing such 

vacancy. 

1942 Code § 3083; 1932 Code § 3083; Civ. C. '22 § 767; Civ. C. '12 § 683; Civ. C. '02 § 614; 
G. S. 465; R. S. 531; 1875 (15) 935; 1942 (42) 1446. 

Cross references. — As to election of offi- Governor cannot fill it by appointment, ex- 

cers named in this section, see S. C. Const., cept temporarily, if the Constitution does 

Art. 4, § 24. As to officers appointed by not confer on him express power to do so. 

Governor, see § 1-122 and note thereto. State v. Singleton, 100 S. C. 465, 84 S. E. 

Appointment to elective offices tempo- 989. 

rary. — Where an office is made elective by Stated in Heyward v. Long, 178 S. C. 351, 

the Constitution and a vacancy arises, the 183 S. E. 145. 

§ 1-3. Book,s, stationery and postage. 

Each officer of the executive department shall, annually, on or before the 

first day of October, furnish to the Comptroller General a list and description 

of such books and stationery and the amount of postage stamps necessary for 

the use of his office during the current fiscal year. 

1942 Code § 3084; 1932 Code § 3084; Civ. C. '22 § 768; Civ C. '12 § 684; Civ. C. *02 § 615; 
G. S. 467; R. S. 532; 1878 (16) 413. 

Article 2. 
Official Rules and Regulations. 

§ 1-11. Not effective until certified and filed ; authority for issue. 

Rules and regulations adopted under authority of a general and permanent 
law of the State shall become effective only after they have been properly 
certified and filed in the office of the Secretary of State. Rules and regulations 
submitted for filing must show the general and permanent laws under which 
they are issued and the Secretary of State shall not accept rules and regula- 
tions for filing hereunder if the authority for issuance of them is not stated 
immediately preceding such rules and regulations offered for filing. 

1942 Code §2118-3; 1937 (40) 174; 1950 (46) 2278. 

Applied in Lake v. Mercer, 216 S. C. 391, 
58 S. E. (2d) 336 (1950). 

§ 1-12. Duty of Secretary of State. 

The Secretary of State, on receipt of such rules and regulations, shall note 
on them the date they were so filed in his office and shall permit the public to 
inspect them. 

1942 Code § 2118-3; 1937 (40) 174. 

§ 1-13. Indexing. 

The Secretary of State shall index in a suitable book all rules and regulations 
heretofore filed in his office and rules and regulations hereafter accepted for 

3 






§ 1-14 Code of Laws of South Carolina § 1-21 

filing so as to show the issuing officer or agency, the authority for the issuance, 
the date of each issuance filed in his office and the numbers thereof. 
1942 Code § 2118-3; 1937 (40) 174; 1950 (46) 2278. 

§ 1-14. Copies to Code Commissioner. 

The officer or agency adopting such rules and regulations shall, at the same 
time a certified copy of such rules and regulations is filed in the office of the 
Secretary of State, send two copies of such certified copy to the Code Commis- 
sioner. 

1942 Code § 2118-3; 1937 (40) 174. 

§ 1-15. How long such rules effective. 

Such rules and regulations when filed as provided in § 1-11 shall be effective 
until they are amended or repealed by the officer or agency filing them or by 
acts of the General Assembly. 

1942 Code § 2118-3; 1937 (40) 174. 

§ 1-16. Publication of rules in acts. 

The Code Commissioner shall include in the Acts and Joint Resolutions of 
each regular session of the General Assembly all rules and regulations 
filed as provided in § 1-11 and not theretofore published in the Acts and 
Joint Resolutions. He shall include in the index to such Acts and Joint Resolu- 
tions references to such rules and regulations therein included. The Code 
Commissioner shall give, with each rule and regulation or group of them 
published, the authority under which they have been issued and the date 
they were filed in the Secretary of State's office. The Code Commissioner, 
in his discretion, in lieu of publishing such rules and regulations in detail in 
the"Acts and Joint Resolutions may cite the provisions under which such 
rules and regulations have been issued and make thereunder a reference 
to a place where such rules and regulations may be found. 

1942 Code § 2118-3; 1937 (40) 174; 1950 (46) 2278. 

Stated in Davis v. Query, 209 S. C. 41, 39 Cited in Banks v. Batesburg Hauling Co., 

S. E. (2d) 117. 202 S. C. 273, 24 S. E. (2d) 496. 

§ 1-17. Publication of rules in Code. 

Such rules and regulations effective prior to the publication of a Code of 
Laws shall be published in such manner or style as the Committee on Statutory 
Laws and the Code Commissioner may determine and the index of the Code of 
Laws shall contain references to such published rules and regulations. 

1942 Code §2118-3; 1937 (40) 174; 1950 (46) 2278. 

Article 3. 

Purchases and Certain Employment. 

§ 1-21. Preference by state and local officials to local production. 

The State Budget and Control Board and all governing officials of the coun- 
ties, municipalities and other subdivisions of the State, in the conduct of public 

4 



§ 1-22 Administration of the Government § 1-25 

business entrusted to their care involving the purchase of property for the 
public account, shall show such preference for equipment, materials and sup- 
plies produced or manufactured within the State as may be consistent with 
the needs, the governing law and the economic advantage of free competi- 
tion in each case. 

1942 Code § 3079-7; 1935 (39) 423. 

§ 1-22. Method of applying such preference. 

In general the policy thus established shall be applied by the adoption and 
publication of specifications governing any particular purchase, or contract that 
involves a purchase, designed to limit, as far as may appear practicable to the 
purchasing or contracting authority, the equipment, materials or supplies to 
such acceptable classes as are produced or manufactured within the State and 
as are customarily used for the purpose or purposes in contemplation, but not 
to bar from competition the same classes of equipment, materials or supplies 
produced or manufactured elsewhere. But the application of this policy shall 
not serve to prevent the purchase for the public account, directly or through 
contractors, of any equipment, materials or supplies produced or manufac- 
tured without the State whenever, in the judgment of the responsible official 
authority concerned, such purchase is necessary to produce the desired 
results economically, to conform with controlling law or is otherwise de- 
monstrably in the public interest ; nor shall it serve to limit in any way co- 
operative undertakings between the State or subdivisions thereof and the 
Federal Government. 

1942 Code § 3»79-7; 1935 (39) 423. 

§ 1-23. Hearing on such preference. 

Any such purchasing or contracting authority shall permit any interested 
party, resident or nonresident, to appear and to be heard, upon written appli- 
cation, in advocacy of any preference consistent with §§ 1-21 and 1-22 or in 
protest against any such preference that may have been accorded. A record 
shall be kept of all such applications and appearances. 

1942 Code § 3079-7; 1935 (39) 423. 

§ 1-24. Blank. 

§ 1-25. Preference to residents and persons in business in certain purchases. 

In the purchase of materials, furnishings and supplies for State institu- 
tions preference shall be given to persons, including the penitentiary as 
to commodities produced by the penitentiary, residing in and having a place 
of business in this State; provided that the resident person shall meet non- 
resident or foreign bids both as to price and as to quality of goods sold. Such 
purchases shall be made from such persons as are regularly engaged in 
the sale of the goods or supplies sought to be purchased. 

1942 Code §3079-1; 1935 (39) 302; 1950 (46) 3605. 



§ 1-26 Code of Laws of South Carolina § 1-32 

§ 1-26. Definitions. 

A "resident person" as mentioned in § 1-25 shall be construed to mean a 
person who has been regularly engaged in business and has had a place of 
business within this State for a period of one year. The term "State institution" 
as used in § 1-25 shall be construed to mean all educational institutions and all 
penal and charitable institutions which are supported either wholly or in part 
by the State. 

1942 Code § 3079-1; 1935 (39) 302. 

§ 1-27. Goods purchased in violation of foregoing provisions. 

Any goods purchased in violation of the provisions of § 1-25 shall not be a 
debt against the State. 

1942 Code § 3079-1; 1935 (39) 302. 

§ 1-28. Certain supplies produced by blind persons, etc. 

The State Budget and Control Board and all officers in charge of public 
institutions shall purchase brooms, mattresses, mops and other supplies, other 
than the product of prison labor, through the division for the blind, State De- 
partment of Public Welfare, provided such articles are produced by persons 
under the supervision of the division for the blind, or in industrial schools or 
workshops under its supervision, and that they are in conformity in quality or 
workmanship and material with the recognized standard of like articles and 
are offered at a fair market price. 

1942 Code § 3079-3; 1938 (40) 1865. 

§ 1-29. Employment of such persons. 

Such Board and officers shall, when employing persons for piano tuning, 
cane seating and mattress renovating, employ persons who are under the 
supervision of said division or in any industrial school or workshop as afore- 
said under similar conditions. 

1942 Code § 3079-3; 1938 (40) 1865. 

§ 1-30. Penalty. 

Any officer who wilfully refuses or neglects to comply with the provisions 
of §§ 1-28 and 1-29 relative to the purchase of articles and employment of 
persons shall be punished by a fine of not more than one hundred dollars. 

1942 Code § 3079-3; 1938 (40) 1865. 

§ 1-31. Definition. 

The term "public institutions", as used in § 1-28, shall mean all officers, 
departments and institutions of the several counties, cities and towns. 

1942 Code § 3079-3; 1938 (40) 1865. 

§ 1-32. Release from §§ 1-28 and 1-29. 

The director of the division for the blind may issue a release from the pro- 
visions of §§ 1-28 and 1-29 upon the request of the purchasing officer of a 
county, city or town when convenience or emergency requires it. 

1942 Code § 3079-3; 1938 (40) 1865. 

6 



§ 1-33 Administration of the Government § 1-35 

§ 1-33. Blind persons to operate sales stands in government buildings. 

The head of any department, board, agency or governing body in charge of 
any State, county or municipal building may, whenever in his judgment it shall 
be proper or suitable so to do, grant to the division for the blind, State Depart- 
ment of Public Welfare, a permit to operate in such building a stand for the 
vending of newspapers, periodicals, confections, tobacco products and such oth- 
er articles as may be approved, such stand to be operated by a blind person 
under the supervision and control of said division for the blind. Such blind 
person must be twenty-one years of age, a citizen of the United States and 
resident of the State for one year immediately prior to the date of his applica- 
tion for a stand. In buildings where a stand existed on May 25 19-10, the person 
who was then operating such stand shall not be removed, but if and when such 
operator ceases to operate such stand the concession for further operation 
shall be granted to the division for the blind. No license fee, rental or other 
charge shall be demanded, exacted, required or received for the granting of 
such permit. 

1942 Code § 2255-2; 1940 (41) 1840. 

§ 1-34. Same; in institutions receiving State aid. 

Any park, hospital, institution or building which is supported in part or in 
full by funds provided by the State which operates a stand for the sale of 
newspapers, confections, tobacco and similar articles shall offer the operation 
of such stand to the division of the blind, State Department of Public Welfare. 
The division of the blind shall select from the blind, crippled or other physical- 
ly handicapped persons of the State a qualified operator for such stands who 
shall meet the qualifications set out in § 1-33. If the division for the blind 
is unable to furnish such a qualified operator and shall so advise in writing 
such an operator may be obtained elsewhere. But the Table Rock State Park 
stands or concessions are exempted from the provisions of this section. 

1942 Code § 2255-2; 1940 (41) 1840; 1950 (46) 2388. 

§ 1-35. Only American citizens to be employed ; exception. 

No public funds of this State or any of its subdivisions or of any municipal- 
ity therein shall be available or paid to any person other than a qualified Amer- 
ican citizen as compensation for employment, unless the officer, board, com- 
mission or person employing such employee shall, before such employment, 
sign and file, as hereinafter provided, a certificate in writing under oath that 
it is not practicable to find an American citizen available for such employment. 
The certificate herein required to be filed shall be filed with the Secretary of 
State when the compensation or any part thereof is to be paid out of State 
funds and with the governing body of the subdivision of this State or the 
municipal corporation when such compensation or any part thereof is to be 
paid out of the funds of any such subdivision or municipal corporation. 

1942 Code § 3077-1; 1937 (40) 181. 



§ 1-41 Code of Laws of South Carolina § 1-43 

Article 4. 
Provisions Affecting Only State Officers, Boards, etc. 

§ 1-41. Oath and bond of certain departmental clerks. 

All persons who hold or are appointed to any of the following positions 
in the departments of the State government or who shall be appointed by 
/ . any of such departments as accountants to investigate and report the condi- 
V \ tion of any State or county officer shall take oath of office in the usual form 
and the Constitutional oath and give good and sufficient bond in the usual 
form of official bonds as prescribed by statute. Such bonds shall be approved 
and filed as the bonds of other State officers, the bonds to be in and for the 
penal sums below stated : each clerk in the office of Secretary of State, four 
thousand dollars ; each clerk in the office of Comptroller General, five thousand 
dollars; each clerk in the State Treasurer's office, ten thousand dollars; clerk 
of the State Superintendent of Education, twenty-five hundred dollars ; as- 
sistant attorney general, twenty-five hundred dollars; and accountant, five 
thousand dollars. But no bond shall be required of any stenographer or type- 
writer in any of such departments, except in the office of State Treasurer, in 
which case a bond of twenty-five hundred dollars shall be given. Each of the 
persons required by this section to give bond may procure a bond from a surety 
company and in such case the premium or annual payment therefor shall be 
paid by the State Treasurer, on the warrant of the Comptroller General. 

1942 Code § 3060; 1932 Code § 3060; Civ. C. '22 § 751; Civ. C. '12 § 669; 1906 (25) 25. 

§ 1-42. State employees not to receive pay in advance. 

It shall be unlawful for anyone to receive any salary from the State or any 
of its departments which is not due and it shall be unlawful for anyone in the 
employ of the State to issue vouchers, checks or otherwise pay salaries or mon- 
eys that are not due to State employees of any department of the State, except 
that moneys due to employees of the State or any department of the State 
earned during the month of December may be paid either just before or just 
after Christmas. This section shall in no wise interfere with the payment of 
employees semimonthly. Any violation of the provisions of this section shall 
be punishable by a fine of not more than five thousand dollars or by imprison- 
ment for not more than five years, either or both, in the discretion of the court 

1942 Code §3071-1; 1941 (42) 311. 

§ 1-43. Removal of officers elected by General Assembly. 

The manner and method of removal of State officers elected by the General 
Assembly shall be according to Section 4 of Article XV of the Constitution of 
South Carolina of 1895; provided, however, that should any grand jury present 
or return a true bill against any such officer on account of his official conduct, 
then the Governor may suspend such officer until the next General Assembly. 

1942 Code § 3097; 1932 Code § 3097; 1930 (36) 1219. 

Cross reference. — As to removal of cer- 
tain officers by the Governor, see § 1-124. 

s 



§ 1-44 Administration of the Government § 1-49 

§ 1-44. Period covered by annual reports. 

Any department or institution of the State government which is by law re- 
quired to submit an annual report to the Governor or the General Assembly 
shall submit such report covering a period from July first to June thirtieth. 

1942 Code § 2096; 1932 Code § 2096; 1929 (36) 225; 1931 (37) 278; 1933 (38) 490. 

§ 1-45. Contents of reports. 

The heads of the various departments and boards in making their reports 

shall give only statistical matter and their recommendations in as brief form 

as possible and the Public Service Commission shall not print the general 

correspondence of their office, railroad schedules, classification of freight or 

freight or passenger rates but shall make their report in as concise and brief 

a manner as may be compatible with the public welfare. 

1942 Code § 2097; 1932 Code § 2097; Civ. C. '22 § 58; Civ. C. '12 § 48; Civ. C. '02 § 45; 
1896 (22) 202. 

§ 1-46. One report not to be embraced in another. 

No State officer shall embrace in his report the report of another State 
officer which is required to be published by law, but he may make such refer- 
ence thereto as may be necessary, including a brief recapitulation thereof, 
when necessary to the proper understanding of such report. 

1942 Code § 2102; 1932 Code § 2102; Civ. C. '22 § 63; Civ. C. "12 § 53; Civ. C. '02 § 50; 
R. S. 50; 1886 (19) 310. 

§ 1-47. Special reports. 

The Governor or the General Assembly, or either branch thereof by resolu- 
tion, may call upon any department or institution at any time for such special 
reports as may be deemed in the interest of the public welfare. 

1942 Code § 2096; 1932 Code § 2096; 1929 (36) 225; 1931 (37) 278; 1933 (38) 490. 

§1-48. Assistance in selling U. S. savings bonds to employees; deductions 
from pay. 

All departments and institutions of the State may assist in the selling of 
United States savings bonds to their employees and such assistance shall 
include the making of deductions from their payrolls in such amounts as may 
be voluntarily authorized by the employees. Deductions so authorized by any 
employee, under this provision, shall be held in the State Treasury to the 
credit of the account of the employee until a sum sufficient to purchase one or 
more bonds is reached. The head of the department shall then purchase one 
or more bonds and deliver the same to the employee, in lieu of payment other- 
wise to the extent of the deduction authorized. 

1947 (45) 311. 

§ 1-49. Deductions for group life and hospital insurance. 

The Comptroller General shall, upon the request of an individual employee 
of the State, make deductions from the compensation of such employee for 
the payment of premiums for group life and hospital insurance. The Comp- 

9 Vf 



§ 1-50 Code of Laws of South Carolina § 1-52 

troller General shall pay over to the insurance company, or its agents desig- 
nated to receive such funds, all amounts so collected or withheld. But no 
part of the cost of such insurance or expenses incidental to such payroll de- 
ductions shall be borne by the State, nor shall any liability whatsoever be 
incurred by the State in connection therewith. 
1947 (45) 311. 

Article 5. 
Provisions Affecting Local or Local and State Officers, etc. 

§ 1-50. Compensation of certain officers and employees. 

Except as otherwise provided or as prohibited by the Constitution of this 
State, the compensation of all officers and employees of the State or any polit- 
ical subdivision, department or agency thereof shall be as from time to time 
provided by the General Assembly or the particular political subdivision, 
department or agency concerned, as the case may be. 

1951 (47) 506. 

§ 1-51. Officers not to absent themselves from State without leave of Governor. 

No State or county officer, except members of the General Assembly and 

the Governor, shall be absent from the State during his term of office for more 

than thirty days in any one year without special permission granted by the 

Governor. Any such officer violating the provisions hereof shall forfeit to 

the State, upon conviction, the amount of the salaries and perquisites of his 

office for the year in which such absence occurs. 

1942 Code § 3075; 1932 Code § 3075; Civ. C. '12 § 762; Civ. C. '12 § 678; Civ. C. '02 § 608; 
G. S. 461; R. S. 526; 1877 (16) 245. 

§ 1-51.1. Official receipts for moneys collected. 

It shall be unlawful for any officer of this State, his agent, employee or 
servant to collect from any person any delinquent taxes, dog tax, fine or 
other money due the county or State without issuing to such person an 
official receipt showing the number, date, name of person, amount collected 
and for what purpose and such officer, agent, employee or servant shall keep 
a stub similar to the receipt which he shall at the end of each month turn 
over to the county treasurer of the county in which such collections are made. 
The county treasurer shall check the amounts turned in to him by such stubs 
and issue a clearance card to such officer, his agent, employee or servant show- 
ing all moneys to have been turned in according to the stub. Any officer, 
agent, employee or servant violating the provisions of this section shall be 
guilty of a misdemeanor and upon conviction shall be fined in an amount not 
exceeding one hundred dollars or imprisoned not exceeding thirty days for 
each and every offense. 

1942 Code §2836; 1932 Code §2865; 1924 (33) 927. 

§ 1-52. Interest on deposits of public funds. 

All State, county and municipal officers depositing funds at interest in any 

10 



§ 1-53 Administration of the Government § 1-55 

bank or other depository shall account to the State, county or municipality, as 
the case may be, for all interest collected upon such deposits. 

Any violation of this section is declared a misdemeanor, punishable by fine 
or imprisonment, in the discretion of the court. 

1942 Code § 1577; 1932 Code § 1577; Cr. C. '22 § 530; 1915 (29) 56. 

§ 1-53. When negotiable notes may be used. 

Wherever under the general law or a special act authority is given to borrow 
money in anticipation of the collection of taxes levied or to be levied in any 
municipality, county, school district or other political subdivision of the State 
for the payment of which the taxes so levied or to be levied are pledged, a 
negotiable promissory note or notes may evidence such indebtedness. 

1942 Code § 2837; 1932 Code § 2884; 1931 (.37) 131. 

§ 1-54. Contracts in excess of tax or appropriation ; diverting public funds. 

It shall be unlawful for any public officer, State or county, authorized to 
so contract, to enter into a contract for any purpose whatsoever in a sum 
in excess of the tax levied or the amount appropriated for the accomplish- 
ment of such purpose or to divert or appropriate the funds arising from any 
tax levied and collected for any one fiscal year to the payment of any in- 
debtedness contracted or incurred for any previous year. On violating the 
provisions of this section any such officer shall be guilty of a felony and, upon 
conviction thereof, shall be punished by a fine not exceeding five thousand 
dollars and not less than five hundred dollars and by imprisonment at hard 
labor in the State penitentiary for a period not exceeding five years nor less 
than one year, either or both, in the discretion of the court. 

1942 Code §§ 1508, 3073, 3074; 1932 Code § 1508; Cr. C. '22 § 457; Cr. C. '12 § 532; Cr. C. 
'02 § 377; G. S. 458, 459, 460; R. S. 299; 1874 (15) 692; 1906 (25) 206. 

Cross reference. — See also §§ 1-702, 14- treasurer for indebtedness contracted in 

315. previous fiscal year when the return shows 

The manifest intention of this section is that there are no funds in the hands 

to protect the State and counties against of the county treasurer applicable to the 

either legal or moral obligations incurred claim. State v. Goodwin, 81 S. C. 419, 62 

by State or county officials in excess of the S. E. 1100. 

taxes levied, or the amounts appropriated Nor will it lie to compel payment of sal- 

for the purposes specified by the levy or ap- ary of magistrate's stenographer out of del- 

propriation. Long v. Dunlap, 87 S. C. 8, egation transferable fund where such fund 

68 S. E. 801. and the salary claim are for different fis- 

Effect of approval of claim by board of cal years. Stallings v. Mallory, 189 S. C. 

commissioners. — The action of the county 468, 1 S. E. (2d) 620. 

board of commissioners in approving a The trustees of Winthrop College cannot 

claim against the county is an adjudication contract beyond funds in hand or appropri- 

of the fact that the contract out of which ated but, under the general power given the 

the claim arose was not in excess of tax trustees, they can make a valid contract to 

levy for that purpose. State v. Goodwin, apply to any particular purpose funds in 

81 S. C. 419, 62 S. E. 1100. their hands or funds which they expect to 

Mandamus will not lie to compel county receive from donations or bequests. Long 

supervisor to draw a warrant against county v. Dunlap, 87 S. C. 8, 68 S. E. 801. 

§ 1-55. Uniform system of reports of county officers. 

The Comptroller General, the State Superintendent of Education and the 
State Treasurer shall cooperate in the preparation of a single and uniform sys- 

11 



§ 1-56 Code of Laws of South Carolina § 1-60 

tem of blanks to be used by these State officials in collecting data from the 
various county auditors, county superintendents of education, county treas- 
urers and other county officers who are required by law to make reports to the 
Governor. The various State officials shall issue, as far as practicable, identical 
forms in requesting data from county officers. Each State official shall dis- 
tribute the blanks for his office among the county officers as required by law. 
1942 Code § 2133; 1932 Code § 5276; Civ. C. '22 § 2536; 1919 (31) 65; 1933 (38) 296. 

Cited in Varn v. Beattie, 171 S. C. 424, 172 
S. E. 442. 

§ 1-56. Reports on such forms. 

County auditors, county treasurers and county superintendents of education 
shall make all reports now required by law r promptly upon the uniform blanks 
authorized in § 1-55 and these reports shall at all times be open to public 
inspection during their respective office hours. 

1942 Code § 2134; 1932 Code § 5277; Civ. C. '22 § 2537; 1919 (31) 65; 1933 (38) 296: 

§ 1-57. Use of loose leaf record books. 

All officers of the State and of counties and municipalities who are required 
to keep books of record may make use of loose leaf record books for such pur- 
poses ; provided, however, that any such loose leaf record book so used shall be 
such as can be locked and sealed when the book has been filled to its capacity 
with the proper pages of records, and the key to the same shall always remain 
in the custody of the official in charge of the said books of record. 

1942 Code § 8893-1; 1940 (41) 1736; 1941 (42) 262, 295. 

§ 1-58. Same; exceptions in certain counties. 

The provisions of § 1-57 shall not apply to Florence, Hampton, Jasper and 
Lancaster Counties. 

1942 Code §8893-1; 1940 (41) 1736; 1941 (42) 262, 295; 1951 (47) 336. 

§ 1-59. Destroying records when photographed, etc. 

Whenever any department, commission, board or officer of this State, or any 
subdivision thereof, shall have photographed, microphotographed or filmed all 
or any part of the records kept by or in such department, commission, board or 
office in a manner and on film or paper that complies with a minimum stand- 
ard of quality approved for photographic records by the National Bureau of 
Standards and such photographs, microphotographs or films shall be placed in 
conveniently accessible files and provision made for preserving, examining and 
using the same, such department, commission, board or officer may cause 
the original records from which the photographs, microphotographs or films 
have been made, or any part thereof, to be disposed of or destroyed. 

1948 (45) 2075. 

§ 1-60. Duties of officers receiving codes and supplements. 

Each State and county officer entitled to receive a set of the Code shall file 
with the State Librarian a receipt acknowledging receipt of the same before 

12 



§ 1-61 Administration of the Government § 1-63 

such Code shall be delivered to him. Each officer receiving a set of the Code 
and the supplements thereto shall keep the same in his office where it may be 
used by the public, but this provision shall in no wise affect any of the duties 
now imposed by law on any officer. 

1942 Code § 2118-2; 1932 (37) 1185; 1940 (41) 1940. 

§ 1-61. Delivery of codes and supplements to successors in office. 

Any officer receiving a set of the Code and supplements thereto, upon leaving 
office, shall deliver to his successor in office the codes and supplements there- 
to which he received as an officer. Any officer leaving office without turn- 
ing over to his successor the sets of the codes and supplements thereto de- 
livered to him by virtue of his office shall be liable for the same on his official 
bond. The value of any such set is hereby fixed at twenty-five dollars. The 
codes and supplements thereto after distribution to such officers shall be 
and remain the property of the State and shall be returned to the State 
Librarian by any person who may not be authorized by law to retain the 
same. The Attorney General shall enforce the provisions of this section and 
§ 1-60. 

1942 Code § 2118-2; 1932 (37) 1185; 1940 (41) 1940. 

§ 1-62. Protection of deposits of public funds by Federal deposit insurance; 
other security. 

Such portion of the public moneys as may be on deposit in any bank 
and protected by Federal deposit insurance shall be exempt from the re- 
quirement that security be furnished for the same by such bank and secu- 
rity shall be required only for such portion of such deposits as shall ex- 
ceed the amount covered by such insurance. All public officers who have 
deposited public funds in banks for which security or collateral is required 
shall obtain same only for the amount by which the particular deposit exceeds 
the sum protected by Federal deposit insurance. Such portions of trust funds 
as may be on deposit in any bank and for which security is now required 
shall be secured only for the amount by which the same exceeds the amount 
protected by Federal deposit insurance. 

1942 Code § 7847; 1934 (38) 1465. 

§ 1-63. Investment in savings and loan associations, etc. 

The State or any department, institution, agency, district, county, munic- 
ipality or other political subdivision of the State or any political or public cor- 
poration of the State or of the United States may invest its funds or the 
moneys in its custody or possession eligible for investment in the shares of 
any Federal savings and loan association or in the shares of any building 
and loan association organized and existing under the laws of this State when 
such shares are insured by the Federal Savings and Loan Insurance Cor- 
poration and also in bonds or debentures issued by any Federal home loan 
bank or in the consolidated bonds or debentures issued by the Federal Home 
Loan Bank Board. 

1942 Code §9051-2; 1935 (39) 289. 

13 



§ 1-71 Code of Laws of South Carolina § 1-101 

Article 6. 
Bankruptcy of or Compositions by Local Governmental Units. 

§ 1-71. Consent of State thereto. 

The consent of the State is hereby granted to, and all appropriate powers are 
hereby conferred upon, any county, municipal corporation, township, school 
district, drainage district or other taxing or governmental unit organized under 
the laws of the State to institute any appropriate action and in any other 
respect to proceed under and take advantage of and avail itself of the benefits 
and privileges conferred, and to accept the burdens and obligations created, by 
any existing act of the Congress of the United States and any future enact- 
ment of the Congress of the United States relating to bankruptcy or the com- 
position of indebtedness on the part of counties, municipal corporations, town- 
ships, school districts, drainage districts and other taxing or governmental 
units or any of the same. 

1942 Code § 7041-1; 1939 (41) 70. 



CHAPTER 2. 
Governor and Lieutenant Governor.* 

Article 1. Sec. 

General Provisions Concerning Governor. 1-H4- When General Assembly fills office. 

1-115. Term of person so elected. 
Sec. 

1-101. Departments, etc., to furnish infor- Article 3. 

i mo c I " ation /«l uested fa y Governor. Appointment and Removal of Officers. 

1-102. Salary of Governor. 

1-103. Executive chamber, records, etc. 1-121. Filling vacancies when Senate not 

1-104. Governor's private secretary; duties. in session. 

1-105. Governor's personal staff at ceremo- 1-122. Officers Governor shall appoint, 

nial occasions; military secretary. 1-123. Appointment of poet laureate. 

1-124. Removal of certain officers. 

Article 2 1-125. Appeal from such removal. 

1-126. Removal procedure additional to 
Installation of Governor; Vacancy others. 

in Office. 1-127. Vacancies created by such removals. 

1-111. Date of installation of Governor. Article 4. 

1-112. Vacancy; when President of Senate ,. _ 

. t Lieutenant Governor. 

1-113. When Speaker of House to act. 1-131. Compensation. 

Article 1. 
General Provisions Concerning Governor. 

§ 1-101. Departments, etc., to furnish information requested by Governor. 

The departments, bureaus, divisions, officers, boards, commissions, insti- 
tutions and other agencies or undertakings of the State, upon request, shall 

* As to constitutional provisions in regard to Governor and Lieutenant Governor, see 
S. C. Const., Art. 4, §§ 1 to 24. 

14 



§ 1-102 Administration of the Government § 1-105 

immediately furnish to the Governor, in such form as he may require, any 
information desired by him in relation to their respective affairs or activities. 
1942 Code § 3216; 1932 Code § 3216; Civ. C. '22 § 912; 1919 (31) 187. 

§ 1-102. Salary of Governor. 

The Governor shall receive an annual salary of twelve thousand dollars. / 

1942 Code § 3090; 1932 Code § 3090; Civ. C. '22 § 775; Civ. C. '12 § 691; Civ. C. '02 
§ 621; G. S. 473; R. S. 537; 1865 (13) 350; 1S93 (21) 416; 1919 (31) 4; 1924 (33) 1182; / ? / 
1948 (45) 1716. 

§ 1-103. Executive chamber, records, etc. 

The Governor shall be furnished with a suitable office, to be called the 
executive chamber, in which all petitions, memorials, letters and other official 
papers and documents addressed to or received by him shall be methodically 
arranged and kept, with proper indexes therefor. He shall keep a record in 
proper books of: 

(1) All his messages to the General Assembly, 

(2) All bills presented to him in obedience to the provisions of the Consti- 
tution and all objections he may make to any of them, 

(3) All official communications, proclamations and orders issuing from his 
office, and 

(4) All other matters which he may think it important to preserve. 

1942 Code § 3090; 1932 Code § 3090; €iv. C. '22 § 775; Civ. C. '12 § 691: Civ. C. '02 
§621; G. S. 473; R. S. 537; 1865 (13) 350; 1893 (21) 416; 1919 (31) 4; 1924 (33) 1182. 

§ 1-104. Governor's private secretary; duties. 

The Governor shall be allowed a private secretary, to be appointed by 
him, who shall under the direction of the Governor keep an accurate record un- 
der proper dates of all transactions, opinions and other official matters and acts 
occurring during his period of office. Said record shall, under certain restric- 
tions, be open to the inspection of the members of the General Assembly. He 
shall also perform such clerical and other duties as may be required of him by 
the Governor, in connection with the duties of the office of Governor. 

1942 Code § 3091; 1932 Code § 3091; Civ. C. '22 § 776; Civ. C. '12 § 692; Civ. C. '02 
§ 622; G. S. 474; R. S. 538; 1865 (13) 350; 1868 (14) 11; 1869 (14) 246; 1893 (21) 416. 

§ 1-105. Governor's personal staff at ceremonial occasions; military secretary. 

Whenever the Governor shall desire the attendance of a personal staff 
upon any ceremonial occasion he shall detail therefor such officers as he may 
choose from the active list of the National Guard of South Carolina, resident 
in or nearest to the place where such ceremonies are to be held, and the 
officers detailed shall attend in uniform at the time and place designated and 
shall constitute the personal staff of the Governor for that occasion, reverting 
upon completion of such duty to their regular assignments. The Governor 
may appoint as his military secretary any officer of the United States Army 
detailed for duty with the militia of this State and such officer shall have the 
rank of colonel and the title "Military Secretary to the Governor." 

1950 (46) 1881. 

15 



§ 1-111 Code of Laws of South Carolina § 1-115 

Article 2. 
Installation of Governor; Vacancy in Office. 

§ 1-111. Date of installation of Governor. 

The Governor shall be installed on the third Tuesday of January following 
his election ; but in case the Governor is unable to be installed on the day herein 
provided, he shall be installed as soon thereafter as is practicable. 

1942 Code § 3085; 1932 Code § 3085; Civ. C. '22 § 770; Civ. C. '12 § 686; 1911 (27) 142. 

§ 1-112. Vacancy ; when President of Senate to act. 

In case of the removal, death, resignation or disability of both the Governor, 

and the Lieutenant Governor, the President of the Senate pro tempore shall 

perform the duties and exercise the powers of Governor until such disability 

shall have been removed or until the next general election, at which a Governor 

shall be elected by the electors duly qualified, as is prescribed by Section 2 of 

Article IV of the Constitution. 

1942 Code § 3086; 1932 Code § 3086; Civ. C. '22 § 771; Civ. C. '12 § 687; Civ. C. '02 § 617; 
G. S. 469; R. S. 533; 1868 (14) 101. 

§ 1-113. When Speaker of House to act. 

In case of the disability, from whatever cause, of the Governor, the Lieu- 
tenant Governor, and the President of th'e Senate pro tempore, the Speaker of 
the House of Representatives shall perform the duties and exercise the powers 
of Governor, in like manner and upon like conditions as are prescribed by 
§ 1-112. 

1942 Code § 3087; 1932 Code § 3087; Civ. C. '22 § 772; Civ. C. '12 § 688; Civ. C. '02 
§ 618; G. S. 470; R. S. 534; 1868 (14) 102. 

§ 1-114. When General Assembly fills office. 

In case of the disability, from whatever cause, of all of the officers enu- 
merated in §§ 1-112 and 1-113, the General Assembly, if the same shall be in 
session, by a joint vote shall elect a person duly qualified to fill the office of 
Governor in like manner, and upon the like conditions, as are prescribed by 
§1-112. 

1942 Code § 308S; 1932 Code § 3088; Civ. C. '22 § 773; Civ. C. '12 § 689; Civ. C. '02 
§ 619; G. S. 471; R. S. 535; 1868 (14) 102. 

§ 1-115. Term of person so elected. 

Whenever a Governor shall be elected as provided in § 1-114, he shall imme- 
diately enter upon the discharge of the duties of his office and shall continue 
to discharge the same during the residue of the term. 

1942 Code § 3089; 1932 Code § 3089; Civ. C. '22 § 774; Civ. C. '12 § 690; Civ. C. '02 
§ 620; G. S. 472; R. S. 536; 1868 (14) 102. 



16 



§ 1-121 Administration of the Government § 1-122 

Article 3. 

Appointment and Removal of Officers. 

§ 1-121. Filling vacancies when Senate not in session. 

Any vacancies which may happen in any of the following offices during 
the recess of the Senate may be filled by the Governor, who shall report the 
appointment to the Senate at its next session: 

(1) County auditors; 

(2) County treasurers; 

(3) Magistrates; 

(4) Masters; 

(5) Seven members of the State Board of Education; 

(6) Five regents of the State Hospital; 

(7) Circuit solicitors ; 

(8) The State Tax Commission ; and 

(9) The members of the Board of Research, Planning and Development. 

If the Senate does not advise and consent thereto at such next session, the 

office shall be vacant. 

1942 Code §3093; 1932 Code §3093: Civ. C. '22 §778; Civ. C. '12 §694; Civ. C. '01 
§624; G. S. 476, 477; R. S. 540; 1868 (14) 66; 1870 (14) 376; 1871 (15) 690; 1876 (16); 
1877 (16) 249; 1878 (16) 571, 609, 766; 1882 (18) 1111; 1890 (20) 697; 1896 (22) 154; 1901 
(23) 701: 1920 (31) 704, 908; 1922 (32) 938; 1945 (44) 156; Const. 1895 Art. 12 §2, Amend. 

Cross references. — For further provisions of the Senate, and the appointment ceases 

relating to recess appointment of solicitors, to be of force on the failure of the Senate, 

see § 1-122 and note thereto. As to appoint- at the next session, to confirm it. State v. 

ment of solicitors by and with the consent Bowden, 92 S. C. 393, 75 S. E. 866. 
of the Senate, see § 1-256. The appointment of a magistrate for a 

Limitation upon Governor's power of ap- full term without the advice and consent of 
pointment without consent of Senate. — The the Senate is without effect. State v. Bow- 
Governor's power of appointment without den, 92 S. C. 393, 75 S. E. 866. 
the advice and consent of the Senate is lim- Stated in State v. Whitten, 92 S. C. 409, 
ited to vacancies occurring during a recess 75 S. E. 880. 

§ 1-122. Officers Governor shall appoint. 

The following officers shall be appointed by the Governor in addition to 
those for whose appointment by the Governor provision is elsewhere made 
in this Code : 

(1) An officer to fill any vacancy in an office of the executive department 
occurring during a recess of the General Assembly. The term of such ap- 
pointment shall be until the vacancy be filled by a general election or by the 
General Assembly in the mode provided by law. 

(2) An officer to fill any vacancy in a county office. The person so ap- 
pointed shall hold office, in all cases in which the office is elective, until the 
next general election and until his successor shall qualify ; and in the case 
of offices originally filled by appointment and not by election, until the ad- 
journment of the session of the General Assembly next after such vacancy 
has occurred. The Governor may remove for cause any person so appointed 
by him under the provisions of this paragraph to fill any such vacancy. 

[ISC Code]— 2 17 



§ 1-123 



Code of Laws of South Carolina 



§ 1-124 



(3) Members to fill any vacancy in the board of directors of the State 
Penitentiary occurring during the recess of the General Assembly. 

(4) Proxies to represent the share of the State in the Cheraw and Coal- 
fields Railroad Company and in the Cheraw and Salisbury Railroad Company. 

(5) The chief constable of the State, whensoever in his judgment any 

public emergency shall require it or when necessary to the due execution of 

legal process. 

1942 Code §3094; 1932 Code §3094; Civ. C. '22 §779; Civ. C. '02 §625; G S 477- R S 
541; 1818 (16) 723; 1840 (11) 147; 1875 (15) 935; 1877 (16) 263; 1878 (16) 656, 716- 1884 
(18) 691; 1903 (24) 19. 



Cross references. — As to appointment of 
solicitors by and with consent of Senate, 
see § 1-256. As to recess appointments, see 
§ 1-121. As to length of term of appoint- 
ments to fill vacancies in elective offices, 
see § 1-2. 

The solicitor is an officer of the executive 
department, under § 1-1 of the Code, and 
the provisions of paragraph (1) of this sec- 
tion are applicable to him. State v. Single- 
ton, 100 S. C. 465, 84 S. E. 989. 

And his appointment terminates upon 
next general election. — It is manifest that 
the Legislature did not intend to confer 
upon the Governor power to appoint a so- 
licitor for such a length of time as would 
extend beyond the first general election held 
after the vacancy occurred. State v. Single- 
ton, 100 S. C. 465, 84 S. E. 989. 

Office of sheriff is a county office, falling 
under the provisions of paragraph (2) of 
this section. State v. Sanders, 118 S. C. 498, 
110 S. E. 808. 

And adultery is sufficient ground for the 
removal of a sheriff appointed under this 
section by the Governor. State v. Sanders, 
118 S. C. 498, 110 S. E. 808. 

This section and § 53-56 are not in conflict. 
— Paragraph (2) of this section and § 53-56, 



providing that a vacancy in the office of 
sheriff shall be filled by appointment, are 
not in conflict and being construed together, 
the Governor has power to remove for cause 
one appointed by him tc fill a vacancy in 
the office of sheriff. State v. Sanders, 118 
S. C. 498, 110 S. E. 808. 

Construing together paragraph (2) of this 
section and § 53-56, an appointee filling a 
vacancy in the office of sheriff holds the 
office until the next general election for 
county sheriff. Privette v. Grinnell, 191 
S. C. 376, 4 S. E. (2d) 305. 

Governor cannot remove magistrate serv- 
ing full term. — The Governor may suspend 
a magistrate for incapacity, misconduct or 
neglect of duty, but he has no power to re- 
move a magistrate serving a full term, ex- 
cept after trial and conviction. McDowell 
v. Burnett, 92 S. C. 469, 75 S. E. 873. 

An attempt of the Governor to remove 
a magistrate, without indictment and con- 
viction is without effect as a removal. Mc- 
Dowell v. Burnett, 92 S. C. 469, 75 S. E. 
873. 

Stated in Heyward v. Long, 178 S. C. 
351, 183 S. E. 145. 

Cited in McDowell v. Burnett, 92 S. C. 
469, 75 S. E. 873. 



§ 1-123. Appointment of poet laureate. 

The Governor may name and appoint some outstanding and distinguished 

man of letters as poet laureate for the State of South Carolina. 

1942 Code § 3094; 1932 Code § 3094; Civ. C '22 § 779; Civ. C. '12 § 695; Civ. C. '02 
§625; G. S. 477; R. S. 541; 1875 (15) 935; 1909 (26) 127; 1911 (27) 5; 1924 (33) 1016; 
1933 (38) 296; 1934 (38) 1299. 



§ 1-124. Removal of certain officers. 

Any officer, county or State, except an officer whose removal is provided 
for in Section 4 of Article XV of the State Constitution and an officer guilty 
of the offense named in Section 22 of Article IV of the Constitution, who is 
guilty of misconduct or persistent neglect of duty in office or who persists in 
holding an office to which he has been appointed or elected the duties of which 
he has not the capacity properly to discharge shall be subject to removal by the 

18 [ISC Code] 



§ 1-125 Administration of the Government § 1-126 

Governor of the State upon any of the foregoing causes being made to appear 
to the satisfaction of the Governor. But before removing any such officer the 
Governor shall inform him in writing of the specific charges brought against 
him and give him an opportunity on reasonable notice to be heard. 
1942 Code § 3098; 1932 Code § 3098; 1924 (33) 997. 

Cross references. — As to removal of of- Removal by Governor limited to this sec- 
ficers elected by the General Assembly, see tion. — Where the governor declared a state 
§ 1-43. For removal of certain officers ap- of insurrection existed and called out the 
pointed by Governor, see § 1-122 and notes militia to take over state highway depart- 
thereto, ment and to remove highway commissioners 
This section is constitutional. State v. from office, he was exceeding his authority 
Pridmore, 163 S. C. 97, 161 S. E. 340, citing and should have proceeded under this sec- 
State v. Ballentine, 152 S. C. 365, 150 S. E. tion. Hearon v. Calus, 178 S. C. 381, 183 
46. S. E. 13. 

Meaning of word, "misconduct" — "Mis- Proper removal. — An officer charged with 

conduct" as used in this section means mis- being guilty of misconduct and persistent 

management, wrong or improper conduct, neglect of duty in office in several particu- 

bad behavior, unlawful behavior or conduct, lars was properly removed from office by 

malfeasance, a case or instance of bad be- the Governor under the provisions of this 

havior, a misdeed. State v. Ballentine, 152 section. State v. Ballentine, 152 S. C. 365, 

S. C. 365, 150 S. E. 46; State v. Pridmore, 150 S. E. 46. 

163 S. C. 97, 161 S. E. 340. Governor properly removed county super- 
Judicial power of Governor. — This section visor on grounds that conviction of man- 
intended to create the Governor a judicial slaughter and three years' sentence incapac- 
tribunal and to vest in him a purely judicial itated him from discharging duties of office, 
power for the purposes of this act. State State v. Pridmore, 163 S. C. 97, 161 S. E. 
v. Ballentine, 152 S. C. 365, 150 S. E. 46. 340. 

§ 1-125. Appeal from such removal. 

Any such officer shall have the right of appeal from any order of removal 
by the Governor to the resident circuit judge unless he be absent from the 
circuit at the time notice of the appeal is served and in that event to the 
presiding judge in that circuit whether he be within or without the circuit. 
The judge shall hear and determine the appeal both as to law and fact upon 
the record as made before the Governor and upon such additional evidence 
as he shall see fit to allow. The notice of appeal shall be served upon the 
Governor, or his secretary, within five days after the service upon such officer 
of the order of the Governor removing him and shall state the grounds thereof 
and name the circuit judge to whom the appeal is taken. Thereupon the 
Governor shall forthwith transmit to such judge the record in the case includ- 
ing a copy of the order of removal, grounds of removal, evidence in support 
thereof and return of service and any other matter which in his judgment may 
be considered by the court. The circuit judge shall within twenty days after 
the taking of such appeal, or in such shorter time as may be practical, hear 
and determine the same, after giving to the parties reasonable notice of the 
time and place of hearing. The judgment of such circuit judge in the matter 
shall be final. Such hearing may be had and judgment may be rendered in 
open court, or at chambers within or without the circuit. 

1942 Code § 3098; 1932 Code § 3098; 1924 (33) 997. 

§ 1-126. Removal procedure additional to others. 

The power and procedure of removal conferred and provided for in §§ 1-124 

19 



§ 1-127 Code of Laws of South Carolina § 1-203 

and 1-125 are additional to any other removal powers or procedure au- 
thorized by statute. 

1942 Code § 3098; 1932 Code § 3098; 1924 (33) 997. 

§ 1-127. Vacancies created by such removals. 

Any vacancy created under the authority vested by § 1-124 shall be filled as 
provided by the Constitution and statute laws of the State relating to the 
filling of a vacancy in the office in which such vacancy is so created. 

1942 Code §3098; 1932 Code §3098; 1924 (33) 997. 

Article 4. 

Lieutenant Governor. 

§ 1-131. Compensation. 

The Lieutenant Governor shall receive a salary of one thousand dollars. 

1942 Code § 3100; 1932 Code § 3100; Civ. C. '22 § 782; Civ. C. '12 § 698; Civ. C. '02 § 627; 
G. S. 481; R. S. 544; 1865 (13) 350; 1868 (14) 135; 1871 (15) 531; 1878 (16) 246; 1893 
(21) 416; 1919 (31) 4; 1924 (33) 1182; Const. 1895, Art. 3 §§ 2, 5-9, 13, 20. 



CHAPTER 3. 

Secretary of State* 

Sec. Sec 

1-201. Salary of Secretary. 1-205. Public property under charge of 

1-202. Bond. Secretary. 

1-203. Office and office hours. 1-206. Report on collections; payment to 

1-204. Responsibility for executive records State Treasurer. 

and papers. 1-207. Abstract of corporate certificates. 

§ 1-201. Salary of Secretary. 

The Secretary of State shall receive an annual salary of seven thousand 

five hundred dollars, and the fees or perquisites of the office shall be paid into 

the Treasury of the State. 

1942 Code § 3101; 1932 Code § 3101; Civ. C. '22 § 783; Civ. C. '12 § 699; G. S. 483, 
484; R. S. 546, 547; 1786 (4) 751; 1865 (13) 350; 1924 (33) 1182; 1948 (45) 1716. 

§ 1-202. Bond. 

The Secretary of State, before entering upon the duties of his office, shall 

execute a bond with two or more good sureties in the penal sum of ten thousand 

dollars for the faithful discharge of the duties of his office. 

1942 Code § 3101; 1932 Code § 3101; Civ. C. '22 § 783; Civ. C. '12 § 699; G. S. 483, 484; 
R. S. 546, 547; 1786 (4) 751; 1865 (13) 350; 1924 (33) 1182. 

§ 1-203. Office and office hours. 

The Secretary of State shall hold his office in the State House, in Columbia. 
He shall keep his office open from nine o'clock in the morning until five o'clock 



* For constitutional provision concerning election and term of Secretary of State, see 
S. C. Const., Art. 4, § 24. As to fees and costs of Secretary of State, see § 27-501. 

20 



§ 1-204 



Administration of the Government 



§ 1-205 



in the afternoon every day in the year, Saturdays, Sundays and public holidays 

excepted and he shall keep his office open from nine o'clock in the morning 

until one o'clock in the afternoon on Saturdays, public holidays excepted. 

1942 Code §§ 3101. 3102; 1932 Code §§ 3101, 3102; Civ. C. '22 §§ 783, 7S4; Civ. C. '12 
§§699, 700; Civ. C. '02 §629; G. S. 483-435; R. S. 546-548; 1786 (4) 751; 1791 (5) 161; 
1865 (13) 350; 1924 (33) 1182; 1950 (46) 2031. 

§ 1-204. Responsibility for executive records and papers. 

The Secretary of State shall, during the absence of the Governor from 
Columbia, be placed in charge of the records and papers in the executive 
chamber. He shall keep in Columbia all the books, records and papers belong- 
ing thereto. 

1942 Code § 3101; 1932 Code § 3101; Civ. C. '22 § 783; Civ. C. '12 § 699; G. S. 483, 484; 
R. S. 546. 547; 1786 (4) 751; 1865 (13) 350; 1924 (33) 1182. 



§ 1-205. Public property under charge of Secretary. 

The Secretary of State shall take charge of all property of the State, the 
care and custody of which is not otherwise provided for by law. He shall hold 
the same subject to the directions and instructions of the State Budget and 
Control Board and act as its agent in such redemption, lease and sale as it 
may make for forfeited and vacant lands and lands purchased by the former 
land commissioners of the State, and in the negotiations therefor and arrange- 
ments in relation thereto. 

1942 Code § 2136; 1932 Code § 2136; Civ. C. '22 § 97; Civ. C. '12 § 92; Civ. C. '02 § 88- 
G. S. 60; R. S. 82; 1878 (16) 558; 1883 (18) 380. 

in the trial that the plaintiff has legal title 
and right to possession and any suggestion 
on his part that he holds as agent of the 
State will not stop the suit. Tindal v. Wes- 
lev. 167 U. S. 204, 17 S. Ct. 770. 42 L. ed. 
137. 

But State is not concluded by judgment 
against Secretary of State. — A judgment 
against the Secretary of State is to the ef- 
fect only that as between him and the claim- 
ant, the latter is entitled to possession of 
the property, the former having shown no 
valid authority to withhold possession from 
the claimant and the judgment does not 
conclude the State. Tindal v. Weslev, 167 
U. S. 204, 17 S. Ct. 770, 42 L. Ed. 137. 

However, execution issued in action will 
be enforced on property as against State 
officer claiming possession as a State officer, 
when a final judgment in an action against 
the Secretary of State, who held the prop- 
erty under this section, has declared title 
and right of possession in the plaintiff. 
Wesley v. Tindal, 81 F. 612, aff'd, 85 F. 
157. 

Suit against State Budget and Control 
Board is suit against the State. — A suit 
against the Commissioners of the Sinking 
Fund (now the State Budget and Control 
Board) to recover possession of a deed 



When deed was "to L., land commis- 
sioner" title is in Secretary of State. — Un- 
der this section, a deed conveying land to 
"L., land commissioner, his successor or 
successors in office, of the State of South 
Carolina, their heirs and assignees forever" 
did not vest title in the State so that the 
State could oust a trespasser in its own 
name. The title remained in the successor 
of the land commissioner, the Secretary 
of State. State v. Evans, 33 S. C. 184. 11 
S. E. 697. 

And State does not have right to sue. — 
In a deed conveying land, the words, "to 
L., land commissioner," etc., "of the State 
of South Carolina," etc., were descriptio 
personae and did not by the statute of uses 
create a trust so that the State could sue 
in its own name to eject a trespasser on the 
land. State v. Evans, 33 S. C. 184, 11 S. E. 
697. 

An action brought against the Secretary 
of State to recover possession of lands held 
by him as provided in this section is not a 
suit against the State so as to oust the court 
of jurisdiction. Tindal v. Weslev, 167 U. S. 
204, 17 S. Ct. 770, 42 L. ed. 137. 

And Secretary of State, when asserting 
in an action that he is in rightful possession, 
must make that assertion good if it appear 



21 



§ 1-206 Code of Laws of South Carolina § 1-207 

conveying land to the former land commis- Courts. Lowry v. Thompson, 25 S. C. 416, 
sioner, which passed under this section to 1 S. E. 141. 

the Secretary of State as agent for said For review of the legislation as to the 

Commissioners, was a suit against the State office of land commissioner and Secretary 
and was not maintainable in the State of State in respect to public property, see 

State v. Evans, 33 S. C. 184, 11 S. E. 697. 

§ 1-206. Report on collections ; payment to State Treasurer. 

The Secretary of State shall, on or before the tenth day of each month, make 

an itemized report in writing to the Comptroller General of all fees and funds 

derived from any source whatsoever in connection with his office and shall, 

on collection, pay over to the State Treasurer the amount shown by such 

report to have been collected. 

1942 Code §3111; 1932 Code §§3111, 8168; Civ. C. '22 §§794, 43S4; Civ. C. '12 §709; 
1905 (24) 911; 1930 (36) 1361. 

§ 1-207, Abstract of corporate certificates. 

The Secretary of State shall annually prepare, cause to be printed and sub- 
mit to the General Assembly a true abstract from the certificates deposited 
with him by corporations formed under the laws regulating the formation of 
corporations. Said abstract shall contain, under proper headings, the cor- 
porate name of each such corporation, the date of its charter, the purpose for 
which it was incorporated, the names of its corporators, its location and 
the amount of its capital stock, together with such remarks as he may deem 
necessary. 

1942 Code § 2123; 1932 Code § 2123; Civ. C. '22 § 84; Civ. C. '12 § 74; Civ. C. '02 § 71; 

G. S. 47; R. S. 68; 1883 (18) 447; 1934 (38) 1329. 



CHAPTER 4. 
Attorney General and Solicitors* 

Article 1. Sec 

Attorney General and Assistants. 1-238. Advice to State officers and Public 

Service Commission. 

• 3ec * 1-239. Action against intruders on property 
1-231. Salary. of State. 

1-232. Bond. 1-240. Protection of public charities and 
1-232.1. Assistant Attorney General. prosecution of corporations. 

1-233. Appearance for State in Supreme 1-241. Annual report to General Assembly. 

Court and other courts and tri- 1-242. Accounting to Treasurer. 

bunals. 
1-234. Blank. Article 2. 

1-235. Litigation of State departments; ex- „ .. . 

penses. 

1-236. Advice to General Assembly and 1-251. Solicitors to perform duties of At- 

Governor. torney General; assistance in 

1-237. Advice to solicitors; attendance on prosecutions. 

grand jury; trials. 1-252. Attendance on circuit courts. 



* For constitutional provision concerning election and term of Attorney General, see S. C. 
Const., Art. 4, § 24, Art. 5, § 28. As to constitutional provision for solicitors generally, 
see S. C. Const., Art. 5, § 29. 

22 



§ 1-231 Administration of the Government § 1-235 

Sec. Article 3. 

1-253. Reports to be furnished Comptroller. p rovisions Affecting Attorney General 

1-254. Compensation; defendants costs and Solicitors 

paid to county treasurer. 
1-255. When solicitors may defend persons ^EC. 

accused. 1-261. Defense of persons claiming under 

1-256. Vacancies. State. 

1-257. Circuit solicitors disabled by intoxi- 1-262. Suits for penalties. 

cation. 1-263. Examination of offices of county 

officers. 

Article 1. 

Attorney General and Assistants. 

§ 1-231. Salary. 

The Attorney General shall receive a salary at the rate of seven thousand 

five hundred dollars per annum. 

1942 Code § 3112; 1932 Code § 3112; Civ. C. '22 § 795; Civ. C. '12 § 710; Civ. C. '02 
§ 638; G. S. 495; R. S. 555; 1877 (16) 247; 1880 (17) 372; 1919 (31) 4; 1924 (33) 1182; 
1946 (44) 2596; 1948 (45) 1716. 

§ 1-232. Bond. 

Before entering upon the duties of his office, the Attorney General shall 
execute a bond, with two good sureties, to this State in the sum of ten thou- 
sand dollars for the faithful discharge of his office. 

1942 Code §3113; 1932 Code §3113; Civ. C. '22 %796; Civ. C. '12 §711; Civ. C. '02 
§ 639; G. S. 496; R. S. 556; 1812 (5) 675. 

§ 1-232.1. Assistant Attorney General. 

The Attorney General shall appoint the Assistant Attorney General. 

1942 Code §3112: 1932 Code §3112; Civ. C. '22 §795; Civ. C. '12 §710; Civ. C. '02 
§638; G. S. 495; R. S. 555; 1877 (16) 247; 1880 (17) 372; 1919 (31) 4; 1924 (33) 1182. 

§ 1-233. Appearance for State in Supreme Court and other courts and tri- 
bunals. 
He shall appear for the State in the Supreme Court in the trial and 
argument in said court of all causes, criminal and civil, in which the State 
is a party or interested, and in such causes in any other court or tribunal when 
required by the Governor or either branch of the General Assembly. 

1942 Code § 3114; 1932 Code § 3114; Civ. C. '22 § 797; Civ. C. '12 § 712; Civ. C. '02 
§ 640; G. S. 497; R. S. 557; 1868 (14) 88. 

Cited in Cooley v. South Carolina Tax 
Coram, 204 S. C. 10, 28 S. E. (2d) 445. 

§ 1-234. Blank. 

§ 1-235. Litigation of State departments; expenses. 

The appropriation for the Attorney General for the expenses of litigation 
shall be subject to the following conditions: the Attorney General shall con- 
duct all litigation which may be necessary for any department of the State 
government or any of the boards connected therewith, and all such boards 

23 



§ 1-236 Code of Laws of South Carolina § 1-239 

or departments are hereby forbidden to employ any counsel for any purpose 
except through the Attorney General and upon his advice; out of said fund the 
Attorney General shall pay for dockets and blank indictments for the several 
circuit solicitors and such other expenses as he may deem advisable. 

1942 Code § 3194; 1932 Code § 3194; Civ. C. '22 § 890; Civ. C. '12 § 810; 1909 (26) 281. 

Cited in Cooley v. South Carolina Tax 
Comm., 204 S. C. 10, 28 S. E. (2d) 445. 

§ 1-236. Advice to General Assembly and Governor. 

The Attorney General shall, when required by either branch of the General 

Assembly, attend during their sessions and give his aid and advice in the 

arrangement and preparation of legislative documents and business ; and he 

shall give his opinion upon questions of law submitted to him by either branch 

thereof, or by the Governor. 

1942 Code § 3119; 1932 Code § 3119; Civ. C. '22 § 801; Civ. C. '12 § 716; Civ. C. '02 
§ 644; G. S. 501; R. S. 561; 1868 (14) 88. 

§ 1-237. Advice to solicitors ; attendance on grand jury ; trials. 

The Attorney General shall consult with and advise the solicitors in matters 
relating to the duties of their offices. When, in his judgment, the interest of 
the State requires it he shall: 

(1) Assist the solicitors by attending the grand jury in the examination 
of any case in which the party accused is charged with a capital offense ; and 

(2) Be present at the trial of any cause in which the State is a party or 

interested and, when so present, shall have the direction and management of 

such prosecution or suit. 

1942 Code § 3116; 1932 Code § 3116; Civ. C. '22 § 799; Civ. C. '12 § 714; Civ. C. '02 
§ 642; G. S. 499; R. S. 559; 1868 (14) 88. 

Cited in Cooley v. South Carolina Tax 
Comm., 204 S. C. 10, 28 S. E. (2d) 445. 

§ 1-238. Advice to State officers and Public Service Commission. 

He shall, when required by the Secretary of State, State Treasurer, Adjutant 

General, Comptroller General, or any other State officer or the Public Service 

Commission, consult and advise with them, respectively, on questions of law 

relating to their official business. 

1942 Code § 3120; 1932 Code §§ 2127, 3120; Civ. C. '22 §§ 88, 802; Civ. C. '12 §§ 78, 717; 
Civ. C. '02 §§ 75, 645; G. S. 51, 502; R. S. 72, 562; 1868 (14) 88, 89; 1890 (20) 705. 

Cited in Cooley v. South Carolina Tax 
Comm., 204 S. C. 10, 28 S. E. (2d) 445. 

§ 1-239. Action against intruders on property of State. 

The Attorney General when, in his judgment, the interest of the State re- 
quires it shall file and prosecute information or other process against persons 
who intrude upon the lands, rights or property of the State or commit or 
erect any nuisance thereon. 

1942 Code § 3115; 1932 Code § 3115; Civ. C. '22 § 798; Civ. C. '12 § 713; Civ. C. '02 
§ 641; G. S. 498; R. S. 558; 1868 (14) 88. 

24 



§ 1-240 Administration of the Government § 1-252 

The Attorney General has authority to And he has authority to have an act de- 
institute an action to enjoin the placing of clared valid and to enjoin thirteen separate 
permanent obstructions across navigable actions brought to enjoin enforcement of 
waters. State v. Columbia Water Power the act. State v. Nutt Co., 180 S. C. 19, 185 
Co. 82 S. C. 181, 63 S. E. 884. S. E. 25. 

§ 1-240. Protection of public charities and prosecution of corporations. 

The Attorney General shall enforce the due application of funds given or ap- 
propriated to public charities within the State, prevent breaches of trust in 
the administration thereof and, when necessary, prosecute corporations which 
fail to make to the General Assembly any report or return required by law. 

1942 Code § 3117; 1932 Code § 3117; Civ. C. '22 § 800; Civ. C. '12 § 715; Civ. C. '02 
§ 643; G. S. 500; R. S. 560; 1868 (14) 88; 1950 (46) 2214. 

§ 1-241. Annual report to General Assembly. 

The Attorney General shall annually make a report to the General Assembly 
of the cases argued, tried or conducted by him in the Supreme Court and 
circuit courts during the preceding year, with such other information in rela- 
tion to the criminal laws and such observations and statements as, in his opin- 
ion, the criminal jurisdiction and the proper and economical administration 
of the criminal law warrant and require. 

1942 Code § 3121; 1932 Code § 3121: Civ. C. '22 § 803; Civ. C. '12 § 718; Civ. C. '02 
§ 646; G. S. 503; R. S. 563; 1868 (14) 89. 

§ 1-242. Accounting to Treasurer. 

The Attorney General shall account with the State Treasurer for all fees. 

bills of costs and moneys received by him by virtue of his office. 

1942 Code § 3124; 1932 Code § 3124; Civ. C. '22 § 806; Civ. C. '12 § 721; Civ. C. '02 
§ 649; G. S. 506; R. S. 566; 1868 (14) 89. 

Article 2. 

Solicitors. 

§ 1-251. Solicitors to perform duties of Attorney General; assistance in prose- 
cutions. 
Solicitors shall do the duty of the Attorney General and give their counsel 
and advice to the Governor and other State officers, in matters of pub- 
lic concern, whenever they shall be, by them, required to do so ; and 
they shall assist the Attorney General, or each other, in all suits of prose- 
cution in behalf of this State when directed so to do by the Governor or 
called upon by the Attorney General. 

1942 Code § 3126; 1932 Code § 3126; Civ. C. '22 § 808; Civ. C. '12 § 723; 1877 (16) 246; 
1893 (21) 417; 1906 (25) 120; 1919 (31) 101. 

§ 1-252. Attendance on circuit courts. 

The solicitors shall attend the courts of general sessions and common pleas 

for their respective circuits. 

1942 Code § 3132; 1932 Code § 3132; Civ. C. '22 § 814; Civ. C. '12 § 729; Civ. C. '02 
§ 655; G. S. 510; R. S. 572; 1842 (11) 222; Const. 1895, Art. 5 § 29. 

25 



§ 1-253 Code of Laws of South Carolina § 1-257 

§ 1-253. Reports to be furnished Comptroller. 

Each solicitor shall, on the last day of October in every year, furnish the 
Comptroller General with a statement of all debts due to the State in his pos- 
session, showing the names of the debtors, the amount of debts, the interest, 
the payments made and the balance due to the State, together with a fair 
duplicate of such statement. If any of such officers fail to furnish the Comp- 
troller General with such a statement, he shall forfeit and pay the sum of two 
hundred dollars to be recovered by action in any court of law in this State 
having competent jurisdiction. 

1942 Code §§3133, 3134; 1932 Code §§3133, 3134; Civ. C. '22 §§815, 816: Civ. C. '12 
§§ 730, 731; Civ. C. '02 §§ 656, 657; G. S. 512, 513; R. S. 574; 1818 (6) 108; 1819 (7) 139. 

§ 1-254. Compensation ; defendants' costs paid to county treasurer. 

The circuit solicitors of the various judicial circuits of this State shall each 

receive an annual salary of twenty-four hundred dollars, payable monthly. 

Such salaries shall be in lieu of all charges against the State and the counties. 

All costs from defendants shall be paid over by each solicitor to the county 

treasurer for the use of the State. 

1942 Code 3127; 1932 Code § 3127; Civ. C. '22 § 809; Civ. C. '12 § 724; 1877 (16) 246; 
1893 (21) 417: 1906 (25) 120; 1919 (31) 101. 

§ 1-255. When solicitors may defend persons accused. 

The solicitors may defend any persons brought to trial before any criminal 
courts of this State when their duty shall not require them to prosecute such 
persons and their assistance shall not be required against such persons by the 
Governor or Attorney General. 

1942 Code § 3126; 1932 Code § 3126; Civ. C. '22 § 808; Civ. C. '12 § 723; 1877 (16) 246; 
1893 (21) 417; 1906 (25) 120; 1919 (31) 101. 

§ 1-256. Vacancies. 

In case any circuit solicitor shall cease to reside in his circuit, his office 
shall become /acant. In case any vacancy shall occur in such office by death, 
resignation or otherwise, the vacancy thereby created shall be filled by the 
Governor, by and with the advice and consent of the Senate. The judge resid- 
ing in the circuit of the solicitor, whose office shall thus become vacant, shall 
certify such vacancy to the Governor. 

1942 Code § 3125; 1932 Code § 3125; Civ. C. '22 § 807; Civ. C. '12 § 722; Civ. C. '02 § 650: 
G. S. 515; R. S. 567; 1812 (5) 675; 1876 (16) 152; 1936 (39) 1456. 

Cross reference. — As to appointment of point an acting solicitor. An indictment 

circuit solicitors during recess by Gover- signed by the acting solicitor is not void 

nor, see §§ 1-121, 1-122. because it was not signed by the duly 

Court may appoint acting solicitor during elected and qualified solicitor. State v. 

illness of solicitor.— When the regular so- Smalls, 98 S. C. 297, 82 S. E. 421. 

licitor is ill and is unable to attend court Cited in State v. Singleton, 100 S. C. 465, 

and perform his duties, the court has the 84 S. E. 989. 
power, notwithstanding this section, to ap- 

§ 1-257. Circuit solicitors disabled by intoxication. 

Any circuit solicitor who shall, while in the public discharge of the duties 
of his office, be drunk or intoxicated or in any extent disabled by reason of 

26 



§ 1-261 Administration of the Government § 1-263 

the use of intoxicating liquors from the proper discharge of his duties shall 
be guilty of a misdemeanor and upon conviction thereof shall be punished by 
a fine of not less than one hundred nor more than one thousand dollars and 
imprisoned not less than one month nor more than one year, in the discretion 
of the court, and shall be dismissed from his office. And whenever it shall 
be brought to the attention of the Attorney General that any circuit solicitor 
has been charged with an offense mentioned in this section, he shall prepare a 
bill of indictment against such officer and prosecute the same in the county 
where the offense was committed. And if such officer is duly convicted, the 
Attorney General shall cause to be forwarded to the Governor of the State a 
record of such conviction, upon the receipt of which the Governor shall forth- 
with declare the office to be vacant and order an election to fill the same. 

1942 Code § 1529; 1932 Code § 1529; Cr. C. '22 §476; Cr. C '12 §550; Cr. C. '02 §393; 
G. S. 2560; R. S. 310; 1873 (15) 486. 

Article 3. 

Provisions Affecting Attorney General and Solicitors. 

§ 1-261. Defense of persons claiming under State. 

In all cases wherein the right of the State may be involved, the persons 
claiming under the State shall call on the Attorney General, or on the solicitors 
in their respective districts, to defend the right of the State ; on failure where- 
of, the record of such case shall not be adduced as evidence to substantiate any 
claim against the State. 

1942 Code § 3129; 1932 Code § 3129; Civ. C. '22 § 811; Civ. C. *12 § 726; Civ. C. '02 
§ 652; G. S. 507; R. S. 569; 180S (5) 571. 

§ 1-262. Suits for penalties. 

The Attorney General and solicitors shall sue for the penalties incurred by 

any public officer or board of public officers. 

1942 Code § 3130; 1932 Code § 3130; Civ. C. '22 § 812; Civ. C. '12 §• 727; Civ. C. '02 
§ 653; G. S. 508; R. S. 570; 1813 (5) 709; 1814 (5) 733; 1815 (6) 9; 1844 (11) 295. 

§ 1-263. Examination of offices of county officers. 

The Attorney General and solicitors shall annually, at such times as they 

may deem expedient, examine into the condition of the offices of the clerk of 

the court of common pleas and general sessions, of the sheriff and of the 

register of mesne conveyances in the counties of the respective solicitors and 

ascertain if such officers have discharged the duties which now are, or shall be, 

required of them ; and they shall make a report of the condition of said offices 

and of the manner in which said officers have discharged their duties to the 

circuit court in each county, respectively, at the fall term in each year, and also 

to the General Assembly at its annual session. 

1942 Code § 3131; 1932 Code § 3131; Civ. C. '22 § 813; Civ. C. '12 § 728; Civ. C. '02 
§ 654; G. S. 509; R. S. 571; 1837 (6) 577. 



27 



§ 1-301 Code of Laws of South Carolina § 1-303 

CHAPTER 5. 

Code Commissioner and Committee on Statutory Laws. 

Sec. Sec. 

1-301. Election and term of Code Commis- 1-312. Assistance of other officers, etc. 

sioner. 1-313. Other material in Code. 

1-302. Vacancy. 1-313.1. Code not to contain provisions pro- 

1-303. Duties, powers and appointment of viding compensation of certain of- 

Committee. ficers and employees. 

1-304. Meetings, pay and expenses of Com- 1-314. Adoption of Code; subsequent 

mittee. amendment. 

1-305. Code Commissioner secretary of 1-315. Publication of advance sheets of 

Committee. statutes; page proofs. 

1-306. Duties of Code Commissioner. 1-316. Same; signatures and distribution 

1-306.1. Collection, revision and reduction thereof. 

of statutes to Code; indexing. 1-316.1. Sale of such signatures; disposition 

1-307. Report to each General Assembly. of proceeds. 

1-308. Codification by reference in sup- 1-317. Publication of complete annual Acts 

plements. and Joint Resolutions. 

1-309. Decennial report. 1-318. Blank. 

1-310. Codification by reference in such re- 1-319. Extension of time for printing. 

port. 1-320. Sale of Codes and Supplements. 
1-311. Corrections and additions to reports. 

§ 1-301. Election and term of Code Commissioner. 

A Code Commissioner shall be elected by the General Assembly who shall 
hold office for a term of ten years and until his successor is elected and quali- 
fied. 

1942 Code § 2111; 1932 Code § 2111; Civ. C. '22 § 75; Civ. C. '12 § 65; Civ. C. '02 § 62; 
1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940. 

Cross reference. — As to joint committee 
of General Assembly examining work of 
Code Commissioner, see § 30-4. 

§ 1-302. Vacancy. 

In case of vacancy from any cause the General Assembly shall, as soon as 
practicable, elect a Code Commissioner for the unexpired term ; provided, that 
if a vacancy shall occur during the interim of the meeting- of the General As- 
sembly, the Governor shall appoint the Code Commissioner, who shall hold 
office until the General Assembly meets. 

1942 Code § 2111; 1932 Code § 2111; Civ. C. '22 § 75; Civ. C. '12 § 65; Civ. C. '02 § 62; 
1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940. 

§ 1-303. Duties, powers and appointment of Committee. 

To facilitate the manner and means of compiling the codes of laws for the 
State, to keep the general statutory law of the State supplemented and to check 
on the work of the Code Commissioner, a standing committee, to be known as 
the Committee on Statutory Laws, is hereby created and established. Said 
Committee shall be composed of three members of the Judiciary Committee 
of the Senate and three members of the Judiciary Committee of the House of 

28 



§ 1-304 Administration of the Government § 1-306 

Representatives and shall be appointed at the first session of each General 
Assembly. 

1942 Code § 2117; 1932 Code § 2117; 1931 (37) 165; 1940 (41) 1940. 

Stated in Scroggie v. Bates, 213 S. C. 141, 
48 S. E. (2d) 634 (1948). 

§ 1-304. Meetings, pay and expenses of Committee. 

The Committee shall meet at the call of the chairman. Each member of the 
Committee shall receive his traveling expenses and a per diem of ten dollars 
per day when actually engaged in his duties. Such expenses and per diem 
shall not exceed the sum of four hundred dollars annually, and such funds are 
hereby appropriated out of the State Treasury and shall be paid out of the 
State Treasury by warrants drawn thereon by the Comptroller General, upon 
warrants of the chairman of the Committee. 

1942 Code § 2118; 1932 Code § 2118; 1931 (.37) 168; 1940 (41) 1940. 

Quoted in Scroggie v. Bates, 213 S. C. 
141, 48 S. E. (2d) 634 (1948). 

§ 1-305. Code Commissioner secretary of Committee. 
t/ The Code Commissioner shall act as secretary for the Committee on Statu- 

sXy tory Laws. 

1942 Code § 2118; 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940. 

§ 1-306. Duties of Code Commissioner. 

The Code Commissioner, immediately after his election, shall: 

(1) Examine the report made by his predecessor in office to the General 
Assembly and : 

(a) correct all errors, if any, appearing in the revision submitted with said 
report ; 

(b) supply all omissions ; 

(c) omit redundant and obsolete enactments and such as have no influence 
on existing rights and remedies ; and 

(d) reduce the public statutes of this State into as concise and comprehen- 
sive a form as is consistent with clear expression of the will of the General 
Assembly ; 

(2) Prepare indices and cross-indices to such codification, publishing the 
same in the appropriate volumes as hereinafter provided ; 

(3) Note by annotation the decisions of the Supreme Court of this State 
^ under the different sections of the statutes codified as herein provided and 

also of the Constitution of 1895 of the State and the rules of court as herein 
provided to be published ; and 

(4) Annually prepare for publication the statutes and joint resolutions 
J passed at the preceding session, 

(a) placing analysis lines at the beginning of each section in every act and 
joint resolution, except county and State supply measures, 

(b) making reference, by act number and year in which the act is published, 
to each act or joint resolution of a previous session when amended or repealed, 

29 



§ 1-306.1 Code of Laws of South Carolina § 1-308 

(c) dividing the same into such as may be of a general and permanent kind 
and such as may be local and of temporary nature, with a correct index and 
cross-index of the same, and 

(d) arranging all local and temporary enactments according to counties 
in alphabetical order. 

1942 Code § 2112; 1932 Code § 2112; Civ. C. '22 § 76; Civ. C. '12 § 66; Civ. C. '02 § 63; 
1913 (28) 68; 1927 (35) 268; 1934 (38) 1329. 

Cross reference. — As to constitutional 
provision for codification of laws, see S. C, 
Const., Art. 6, § 5. 

§ 1-306.1. Collection, revision and reduction of statutes to Code; indexing. 

The Code Commissioner shall collect and revise all the general statute laws 

of the State which shall be passed from time to time and shall properly index 

and arrange such statutes when so passed. He shall also reduce the general 

statutes, including the Code of Civil Procedure, with all the amendments 

thereto, into a systematic code. 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02 § 64; 
1896 (22) 203; 1940 (41) 1940; Const. Art. 6 § 5. 

§ 1-307. Report to each General Assembly. 

The Committee on Statutory Laws and the Code Commissioner shall report 
at the beginning of each General Assembly in the form of a supplement to the 
then existing permanent Code the effect, in detail or by reference, of general 
and permanent statutes enacted during the preceding General Assembly and 
not theretofore codified on the then existing general statutory law and Consti- 
tution of South Carolina, 1895, together with a note or reference to the decisions 
of the State Supreme Court and the United States courts construing the gen- 
eral statutory law and the Constitution of South Carolina, 1895 ; provided, that 
when the decennial report of the Code Commissioner on the Code is made to 
the General Assembly, then no report in form of a supplement shall be made to 
the General Assembly. 

1942 Code § 2118; 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940. 

§ 1-308. Codification by reference in supplements. 

The Committee and Commissioner may in their discretion codify general 
and permanent statutes in the supplements to the codes by referring to them, 
in lieu of stating such statutes in detail, by stating the general subject or 
subjects of such statutes and the volumes of the Acts and the volumes of the 
Statutes at Large, and page numbers therein, where such statutes are and, if 
such statutes have been amended, by stating the volumes of the Acts and the 
volumes of the Statutes at Large, and the page numbers therein where such 
amendments are. Reference may also be made in the supplements to such 
statutes codified in previous supplements to the then existing Code without 
stating such statutes in detail. The Code Commissioner shall prepare the 
material for the supplements and submit the same to the Committee, who 

30 



§ 1-309 Administration of the Government § 1-311 

shall go over the material submitted with the Code Commissioner and check it 
for corrections. 

1942 Code § 2118: 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940. 

§ 1-309. Decennial report. 

The Code Commissioner shall at the end of every period of ten years report 

the result of his labors to the General Assembly, with such recommendations 

and suggestions as to the abridgement of, and amendments to, the statute laws 

as he may deem necessary and proper. Said report, when ready to be made, 

shall be printed and laid on the desks of the members of both Houses of the 

General Assembly on the first day of the first session, but shall not be taken 

up for consideration until the next session of the General Assembly. 

1942 Code § 2113: 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02 § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-310. Codification by reference in such report. 

The Code Commissioner in compiling such decennial reports on the codes 
may codify in such reports by reference such of the general statutory law as the 
Code Commissioner and Committee on Statutory Laws may agree on without 
stating such law in detail. Sections, or parts thereof, of the then existing Code 
may be codified in such reports by reference, by stating the numbers of the 
sections, or parts thereof, in such Code to be codified in such reports with a 
statement of their effectiveness. Statutes forming a part of the general statu- 
tory law enacted since the effective date of the then existing Code may be 
codified in such reports by stating the general subject or subjects of such stat- 
utes, and the volumes of the Acts and the volumes of the Statutes at Large, 
and page numbers therein, where such statutes are ; and, if amended, by giving 
the volumes of the Acts and the volumes of the Statutes at Large, and page 
numbers therein, where such amendments are. When such statutes, or por- 
tions thereof, have been codified in the Supplements to the Code then existing 
reference may be made to such statutes, or portions thereof, in the Supple- 
ments in lieu of referring to the volumes of the Acts and the Statutes at Large, 
and page numbers therein. If parts of the then existing Code are codified in 
the reports by references, then such reports shall state the number of the 
sections, or parts of sections, in the then existing Code which were repealed or 
superseded or have become obsolete, cumulative or repugnant to the general 
body of the law. The index to such reports shall be in such form as the Com- 
missioner and Committee may agree on ; and it shall not be necessary to index 
references in such reports if such references have theretofore been indexed 
in the Code then existing or Supplements thereto. 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02 § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-311. Corrections and additions to reports. 

The decennial report after being submitted to the General Assembly may 
be revised and corrected, and the general and permanent laws of the session at 
which such report was submitted may be codified therein. 

31 



§ 1-312 Code of Laws of South Carolina § 1-315 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02 § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-312. Assistance of other officers, etc. 

The Code Commissioner and the Committee on Statutory Laws shall have 

access to state papers and documents in the custody of the Secretary of State 

or other custodians of the State laws and archives. The Attorney General 

and his office, the Historical Commission and other State agencies and State 

officers shall on request of the Commissioner and Committee cooperate in the 

codifying of the general statutory law. 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02, § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-313. Other material in Code. 

The Code of laws and reports thereon shall contain beside the general stat- 
utory law and the Constitution of South Carolina such other matter as the 
Code Commissioner and Committee on Statutory Laws may agree to insert 
therein. 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02, § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-313.1. Code not to contain provisions providing compensation of certain 
officers and employees. 

The Commissioner in preparing a proposed code for adoption by the General 
Assembly shall eliminate therefrom all provisions providing compensation of 
all such officers and employees as are referred to in § 1-50. 

1951 (47) 506. 



§ 1-314. Adoption of Code; subsequent amendment. 

The Code thus prepared by the Commissioner shall be declared by the Gen- 
eral Assembly, in an Act passed according to the forms in the Constitution of 
1895 for the enactment of laws, to be the only general statutory law of the 
State, and no alterations or additions to any of the laws therein contained shall 
be made except by bill passed under the formalities required in said Constitu- 
tion. 

1942 Code § 2113; 1932 Code § 2113; Civ. C. '22 § 77; Civ. C. '12 § 67; Civ. C. '02 § 64; 
Const. Art. 6 § 5; 1896 (22) 203; 1940 (41) 1940. 

§ 1-315. Publication of advance sheets of statutes ; page proofs. 

The Code Commissioner shall furnish to the public printer all acts and joint 
, -* / ? resolutions of a general and permanent nature passed, and which have been 
approved by the Governor, during each two week period during any session 
of the General Assembly, and the public printer within four days after the 
delivery of such acts and joint resolutions shall furnish the Code Commis- 
sioner with page proof of all such acts and joint resolutions. 

1942 Code § 2114; 1932 Code § 2114; 1927 (35) 26S; 1934 (38) 1329; 1941 (42) 119. 

32 



§ 1-316 Administration of the Government § 1-317 

§ 1-316. Same ; signatures and distribution thereof. 

Within three days after receiving such page proof corrected from the Code 
Commissioner the public printer shall print the same in signatures and shall 
deliver as many of such signatures to the Code Commissioner as the Commis- 
sioner may order. The Code Commissioner on receipt of said signatures shall 
send a copy of such signatures to each of the following officers: the Governor, 
Supreme Court justices, clerk of the Supreme Court, circuit judges, circuit 
solicitors, county judges, county solicitors, clerk of the court of each county, f 
Attorney General, Secretary of State, Comptroller General, Adjutant General, 
State Treasurer, Chief Bank Examiner, Chairman of Tax Commission, Chief 
Highway Commissioner, State Health Officer, Chief Game Warden, chairman 
of the Public Service Commission, Commissioner of Agriculture, Insurance 
Commissioner, State Budget and Control Board, State Superintendent of Edu- 
cation, State Librarian, clerk of the House of Representatives, clerk of the 
Senate, secretary of the Historical Commission and the members of the Gen- 
eral Assembly. The public printer shall not distribute any printed matter from 
such signatures of the Acts and Joint Resolutiaas_unless authorized as herein- 




£1 I 1942 Code~§~2lT4; 1932 Code § 2114; 1927 (35) 268; 193T(3o) 1329; l941~(42)Tl9l 17948' 



(45) 1643. 

§ 1-316.1. Sale of such signatures; disposition of proceeds. 

The Code Commissioner and the Committee on Statutory Law s ma y sell 
the service mentioned in § 1-316 on terms agreeahle to the Committee and tne~ 
Code Commissioner. All funds received for such service shall be deposited in 
the State Treasury to the credit of the general funds of the State. But before 
any funds are paid into the State Treasury the expenses of additional supplies, 
postage and clerical help may be first deducted. Payment of such additional 
expenses may be made on order of the chairman of the Committee on Stat- 
utory Laws and the Code Commissioner. 

1942 Code §2114; 1932 Code §2114; 1927 (35) 268: 1934 (38) 1329; 1941 (42) 119. 

§ 1-317. Publication of complete annual Acts and Joint Resolutions. 

Within twenty-five days after the adjournment of any session of the General 
Assembly, the Code Commissioner shall furnish the public printer all Acts 
and Joint Resolutions passed, and which have been approved by the Governor, 
not theretofore furnished the public printer, and the public printer, within fif- 
teen days after the delivery of such Acts and Joint Resolutions, shall furnish 
the Code Commissioner with page proof of all such Acts and Joint Resolutions. 
The Code Commissioner shall return such page proof corrected to the public 
printer within fifteen days after receiving the same and the public printer shall 
within fifteen days after receipt of such page proof return to the Code Com- 
missioner printed signatures of such page proof. The Code Commissioner 
shall deliver to the public printer, within fifteen days after the receipt of the 
final page proof, a complete index of all the Acts and Joint Resolutions fur- 
nished the printer and such other copy as may be necessary for the published 
acts. Within fifteen days after the receipt of such index and copy the public 
[ISC Code]— 3 33 



§ 1-318 Code of Laws of South Carolina § 1-352 

printer shall deliver to the State Librarian at least five hundred copies of the 
entire number of such Acts and Joint Resolutions contracted for and deliver 
the remainder within fifteen more days. The style and make-up of the Acts 
and Joint Resolutions shall be in such form as the Code Commissioner may 
prescribe. 

1942 Code § 2114; 1932 Code § 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119. 

§ 1-318. Blank. 

§ 1-319. Extension of time for printing. 

The State Budget and Control Board may, in its discretion, extend the time 

allowed the public printer, as set forth in §§ 1-315, 1-316 and 1-317, as may be 

necessary. 

1942 Code § 2114; 1932 Code § 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 
1948 (45) 1643. 

§ 1-320. Sale of codes and supplements. 

The Committee on Statutory Laws and the Code Commissioner may offer 
codes and supplements thereto for public sale at such prices as they deem 
wise and expedient. All sums realized from such sales less selling expenses 
shall be paid into the State Treasury. 

1942 Code §2118-1; 1932 {37) 1185; 1940 (41) 1940. 



CHAPTER 6. 

State Budget and Control Board. 

Sec. Sec 

1-351. Constitution of board. 1-355. Assistance in locating surplus prop- 

1-352. Divisions of board. erty, etc. 

1-353. Duties as to purchase and supplies. 1-356. Principals may act for themselves. 

1-354. Acquisition of surplus property for 1-357. Control of certain lands. 

State, agencies, etc. 1-358. May cooperate in handling finances 

of State subdivisions. 

§1-351. Constitution of board. 

The State Budget and Control Board shall be comprised of the Governor, 
ex officio, who shall be Chairman, the State Treasurer, ex officio, the Comptrol- 
ler General, ex officio, and the Chairman of the Senate Finance Committee, 
ex officio, and the Chairman of the Ways and Means Committee of the House 
of Representatives, ex officio. 

1950 (46) 3605. 

§1-352. Divisions of board. 

The functions of the State Budget and Control Board shall be performed, 
exercised and discharged under the supervision and direction of the Board 
through three divisions, the Finance Division (embracing the work of the 
State Auditor, the former State Budget Commission, the former State Finance 

34 [ I SC Code] 



§ 1-353 Administration of the Government § 1-353 

Committee and the former Board of Claims for the State of South Carolina), 
the Purchasing and Property Division (embracing the work of the former 
Commissioners of the Sinking Fund, the former Board of Phosphate Commis- 
sioners, the State Electrician and Engineer, the former Commission on State 
House and State House Grounds, the central purchasing functions, the former 
Surplus Procurement Division of the State Research, Planning and Develop- 
ment Board and the Property Custodian) and the Division of Personnel Ad- 
ministration (embracing the work of the former retirement board known as 
the South Carolina Retirement System and the administration of all laws 
relating to personnel), each division to consist of a director and such clerical, 
stenographic and technical employees as may be necessary, to be employed by 
the respective directors with the approval of the Board. The State Auditor 
shall be the director of the Finance Division, ex officio, and the directors of 
the other divisions shall be employed by the State Budget and Control Board 
for such time and compensation, not greater than the term and compensation 
for the State Auditor, as shall be fixed by the Board in ks judgment. 
1950 (46) 3605, 3608. 

§ 1-353. Duties as to purchase and supplies. 

The functions of each department, institution and agency of the State gov- 
ernment relating to the purchase or supply of personal property for its use 
and purposes, including supplies, equipment, machinery, fuels, motor vehicles 
and all other personal property, were transferred on July 1 1950, to the State 
Budget and Control Board and the Board has adopted and promulgated rules 
and regulations, which it may hereafter modify or abrogate and shall enforce, 
covering the following matters, and such rules and regulations shall be bind- 
ing upon all departments, institutions and agencies, to wit : 

(1) Requiring monthly reports by all State departments, institutions or 
agencies of stocks, supplies, materials and equipment on hand and prescribing 
the form of such reports ; 

(2) Prescribing the manner in which supplies, materials and equipment 
shall be delivered, stored and distributed; 

(3) Making provision for the adoption of standards and specifications cov- 
ering all personal property purchased by State departments, institutions and 
agencies ; 

(4) Prescribing the manner of inspecting deliveries of supplies, materials 
and equipment and making chemical or physical tests of samples submitted 
with bids and samples of deliveries to determine whether deliveries have been 
made to the departments, institutions or agencies in compliance with specifi- 
cations ; 

(5) Prescribing the manner in which purchases shall be made by depart- 
ments, institutions and agencies in all emergencies, and in such other cases 
as the Board may temporarily authorize; 

(6) Providing for one or more central storehouses for keeping and distrib- 
uting property in common use by departments, institutions and agencies : 

(7) Providing for the making of basic contracts of purchase available to all 
departments, institutions and agencies and authorizing purchases by one or 

35 



§ 1-354 Code of Laws of South Carolina § 1-355 

more such departments, institutions and agencies from time to time there- 
under ; 

(8) Prescribing- methods and forms for accounting and requisitioning by 
departments, institutions and agencies; 

(9) Prescribing the procedure for competitive bidding for purchases ; and 

(10) Dealing with all other matters necessary or appropriate to the proper, 
efficient and economical operation of the central purchase and supply func- 
tions and the maximum coordination between the Board and departments, in- 
situations and agencies of the State government. 

1950 (46) 3605. 

Cross reference. — As to purchase of mo- this section, see Rules and Regulations. 

tor fuels and gasoline by State Highway Budget and Control Board, in Volume 7 of 

Department, see § 33-228. For rules and this Code, 
regulations promulgated under authority of 

§ 1-354. Acquisition of surplus property for State, agencies, etc. 

The State Budget and Control Board shall act for and on behalf of each and 
all of the following, hereinafter called "principals," to wit: The State of South 
Carolina and any of its departments, agencies, commissions, institutions and 
authorities, the counties, municipalities and other governmental entities and 
political subdivisions of the State and non-public hospitals and other charitable 
institutions or organizations not operated for profit in dealing with the United 
States of America or any agency, department, authority, corporation or com- 
mission of the United States of America in reference to the acquisition of any 
equipment, machinery, supplies, materials or property, real or personal or 
both, by purchase, lease, loan, gift or otherwise and may execute and deliver, 
for and on behalf of the respective principals, such contracts, leases or other 
instruments as may be necessary to consummate any transaction effected by 
the Board and its division hereunder ; provided, that the Board may not execute 
and deliver any such contract, lease or other instrument unless specifically 
authorized by the principal for which it is acting so to do; provided, further, 
that the Board may not create any obligation or indebtedness of the State 
except in a transaction handled directly for the State itself hereunder. 

1947 (45) 194; 1950 (46) 360S. 

§ 1-355. Assistance in locating surplus property, etc. 

The Purchasing and Property Division of the State Budget and Control 
Board shall act as a clearing house of information for the principals referred to 
in § 1-354, shall locate the property available for acquisition herein under 
conditions, sales price and terms, shall receive all requests made by principals 
and transmit to such principals all available information in reference thereto 
and shall aid and assist all principals in every way possible in the consumma- 
tion or acquisition or transactions hereunder. Representatives of the Division, 
when traveling outside of the State on official business, may be allowed actual 
expenses, upon approval of the Board. 

19-47 (45) 194; 1950 (46) 3608. 

36 



§ 1-356 Administration of the Government § 1-358 

§ 1-356. Principals may act for themselves. 

Nothing contained in § 1-354 shall affect or limit the legal right and au- 
thority which any principal referred to in said section may have by law 
to act for itself in any matter coming within the purview of said section. 

1947 (45) 194; 1950 (46) 3608. 

§ 1-357. Control of certain lands. 

All vacant lands and lands purchased by the former land commissioners of 

the State shall be subject to the directions of the State Budget and Control 

Board. 

1942 Code § 2137; 1932 Code § 2137; Civ. C. '22 § 98; Civ. C. '12 § 93; Civ. C. '02 § 89; 
G. S. 61; R. S. 83; 1878 (16) 559; 1950 (46) 3605. 

Cross reference. — See note to § 1-205. 

§ 1-358. May cooperate in handling finances of State subdivisions. 

The State Budget and Control Board may cooperate with and assist the au- 
thorities of the counties, municipalities, school districts and other subdivisions 
of the State in the handling, in whatever manner may be deemed by it desirable 
in each case, of the financial obligations of such counties, municipalities, 
school districts and other subdivisions. The Board may, upon request of 
any such authorities, negotiate with the holders of such obligations and the 
authorities of the obligor to the end that such extensions and adjustments 
as may be desirable may be effected and may negotiate with any lending 
agency and perform any other act or service pursuant to the purpose hereof 
to the end that the credit of the subdivisions of the State and the rights of the 
holders of their obligations may be mutually protected. 

1942 Code § 2146-1; 1933 (38) 291; 1950 (46) 3605. 



CHAPTER 6.1. 

Mines and Minerals. 

Article 1. Sec 

General Provisions. J" 367 - Board to grant licenses. 

5 EC 1-368. May grant or refuse application for 

1-361. Lease of gas, oil and certain other . „ ', . ... , 

, 1-369. Bond Of licensee; condition; how ap- 

minerals. , 

1-362. Minimum royalty. , ,-„ ,,}, " j .... . .. , , 

. ,,, T , . . , ., , . , .. 1-3/0. When additional security to bonds 

1-363. Lease subject to the legislation con- , . , 

.. may be required, 

serving oil, gas, etc. , , 71 ,-, ,. 7 ,. . . 

i ici i a i- i i \- 1-3/1. Proceeding for relief of sureties; new 

1-363.1. Article cumulative. , , j .. ~ 

bond and its enect. 

Article 2 1-372. Power to fix and change rates for 

digging phosphate. 

Phosphate. 1.373 Amount of royalty. 

1-364. Board has exclusive control of State's 1-374. Returns of rock mined and payment 

phosphate interest. of royalty; rate of royalty. 

1-365. Protection of State's interest against 1-375. Comptroller General notified of 

adverse claimants. licenses issued. 

1-366. Blank. 1-376. Mining without license; penalty. 

37 



§ 1-361 Code of Laws of South Carolina § 1-364 

Sec. Sec. 

1-377. Buying or receiving from person not 1-380. Forfeiture of boats, dredges, etc., 

licensed. used by unlicensed persons; pro- 

1-378. Penalty for violation of § 1-377. ceedings to enforce same. 

1-379. Board may take proceedings to pre- 1-381. Interfering witb State, Board or 

vent interference, etc. licensees; mining without license. 

1-382. Board to report annually to General 
Assembly. 

Article 1. 
General Provisions. 

§ 1-361. Lease of gas, oil and certain other minerals. 

The Public Service Authority may, through its board of directors, make 
and execute leases of gas, oil and other minerals and mineral rights, excluding 
phosphate and lime and phosphatic deposits, over and upon the lands and 
properties owned by said Authority; and the State Budget and Control Board 
and the forfeited land commissions of the several counties of this State may, 
with the approval of the Attorney General, make and execute such leases over 
and upon the lands and waters of the State and of the several counties under 
the ownership, management or control of such Board and commissions re- 
spectively. 

1944 (43) 1428. 

§ 1-362. Minimum royalty. 

No such lease shall provide for a royalty of less than twelve and one-half 
per cent of production of oil and gas from the lease. 

1944 (43) 1428. 

§ 1-363. Lease subject to the legislation conserving oil, gas, etc. 

Nothing contained in this article shall estop the State from enacting proper 
laws for the conservation of the oil, gas and other mineral resources of the 
State and all leases and contracts made under authority of this article shall 
5 be subject to such laws. 

1944 (43) 1428. 

§1-363.1. Article cumulative. 

The authority conferred upon the Public Service Authority, the State Budget 
and Control Board and the forfeited land commissions by this article shall be 
cumulative and in addition to the rights and powers heretofore vested by law 
in said Authority, said State Budget and Control Board and said commissions, 
respectively. 

1944 (43) 1428. 

Article 2. 

Phosphate. 

§ 1-364. Board has exclusive control of State's phosphate interest. 

The State Budget and Control Board shall be charged with the exclusive con- 

38 



§ 1-365 Administration of the Government § 1-367 

trol and protection of the rights and interest of the State in the phosphate rocks 
and phosphatic deposits in the navigable streams and in the marshes thereof. 

1942 Code § 2210; 1932 Code § 2210; Civ. C. '22 § 147; Civ. C. '12 § 140; Civ. C. '02 § 132; 
R. S. 89; 1890 (20) 691; 1950 (46) 3605. 

Board may enjoin further operations of erty Division of the State Budget and Con- 
mining company. — By the provisions of this trol Board) after its twenty-one year ex- 
section and § 1-379. a mining company may elusive right to operate has expired. Coo- 
be enjoined from further operations bv the saw Mining Co. v. South Carolina, 144 U. S. 
Board of Phosphate Commissioners (now 550, 12 S. Ct. 689, 36 L. Ed. 537 (1892). 
embraced within the Purchasing and Prop- 

§ 1-365. Protection of State's interest against adverse claimants. 

The Board may inquire into and protect the interests of the State in and to 

any phosphatic deposits or mines, whether in the navigable waters of the State 

or in land marshes or other territory owned or claimed by other parties, and 

in the proceeds of any such mines and may take such action for, or in behalf 

of, the State in regard thereto as it may find necessary or deem proper. 

1942 Code § 2212; 1932 Code § 2212; Civ. C. '22 § 149; Civ. C. '12 § 142; Civ. C. '02 § 134; 
R. S. 91; 1890 (20) 694. 

Equity jurisdiction. — Suit to prevent il- Min. Co. v. South Carolina, 144 U. S. 550, 
legal interference with control of phosphate 12 S. Ct. 689, 36 L. Ed. 537. 
mines is cognizable in equity. Coosaw 

§ 1-366. Blank. 

§ 1-367. Board to grant licenses. 

The Board may grant to any person applying for the same a license granting 
a general right to dig, mine and remove phosphate rock and phosphatic depos- 
its from all the navigable streams, waters and marshes of the State and also 
from such of the creeks, not navigable, lying therein as may contain phosphatic 
rock and deposits belonging to the State and not previously granted. Such 
licenses may be for a term not exceeding ten years, renewable at the pleasure 
of the Board. The Board may make a firm contract for the royalty to be paid 
the State which shall not be increased during the life of the license. 

1942 Code § 2214; 1932 Code § 2214; Civ. C. '22 § 151; Civ. C. '12 § 144; Civ. C. '02 
§ 137; R. S. 94; G. S. 67, 69, 70; 1878 (16) 781, 840; 1936 (39) 1386; 1937 (40) 100. 

Mandamus will not lie to force Board to rights for an unlimited period as long as it 
issue license. — Under this section "it was complied with terms of act will be construed 
the plain ministerial duty of the board of with this section which will limit the term 
agriculture to issue licenses for a compensa- of its exclusive rights as such construction 
tion or royalty to all persons who applied is most favorable to the State. This sec- 
tor same," but in the light of § 1-368, which tion formerly conferred an exclusive right 
was an act passed after this section, to grant for "the full term of 21 years" and it was 
or refuse a license was within the discre- held that the mining company's exclusive 
tion of the board and mandamus would not mining rights expired on the termination of 
lie to force them to issue the license. State the 21 years. Coosaw Min. Co. v. South 
v. Hagood, 30 S. C. 519, 9 S. E. 686. Carolina, 144 U. S. 550, 12 S. Ct. 689, 36 

Legislature cannot give exclusive rights L. Ed. 537. 

for unlimited period. — An act which gave Cited in Manufacturing Co. v. Bradley, 

to a mining company exclusive mining 105 U. S. 175, 26 L. Ed. 1034. 

39 



§ 1-368 Code of Laws of South Carolina § 1-371 

§ 1-368. May grant or refuse application for license. 

In every case in which such application shall be made to the Board for a li- 
cense the Board may grant or refuse the license as it may deem best for the 
interest of the State and the proper management of the interests of the State in 
such deposits. 

1942 Code § 2215; 1932 Code § 221S; Civ. C. '22 § 152; Civ. C. '12 § 145; Civ. C. '02 § 138; 
R. S. 95; 1884 (18) 779. 

Cross reference. — See § 1-367 and note A declaration of willingness to issue a 

thereto. license on the compliance with certain con- 

This section is not unconstitutional as an ditions is not the limit of the Board's pow- 

attempt to delegate legislative powers to the ers ° f discretion.— State v. Hagood, 30 S. C. 

Board nor does it deny equal protection of 519, 9 S. E. 686. 

the laws as provided in the 14th amendment And mandamus will not lie to force Board 

to the Federal Constitution. State v. Ha- to issue license. — State v. Hagood, 30 S. C. 

good, 30 S. C. 519, 9 S. E. 686. 519, 9 S. E. 686. 

But the Board cannot determine the con- The special assistant of the Department 

stitutionality of this section giving them of Agriculture has no power to bind the 

their powers. State v. Hagood, 30 S. C. 519, Board in the matter of granting licenses by 

9 S. E. 686. any representations he may make. State v. 

Hagood, 30 S. C. 519, 9 S. E. 686. 

§ 1-369. Bond of licensee ; condition ; how approved. 

As a condition precedent to the right to dig, mine and remove the rocks and 
deposits granted by any such license, each licensee shall enter into bond, with 
security, in the penal sum of five thousand dollars, conditioned for the making 
at the end of every month of true and faithful returns to the Comptroller Gen- 
eral of the number of tons of phosphate rock and phosphatic deposits so dug or 
mined and the punctual payment to the State Treasurer of the royalty provided 
at the end of every quarter of three months. Such bond and sureties thereon 
shall be subject to the approval required by law for the bonds of State officers. 

1942 Code § 2216; 1932 Code § 2216; Civ. C. '22 § 153; Civ. C. '12 § 146; Civ. C. '02 § 139; 
G. S. 68; R. S. 96; 1878 (16) 781. 

§ 1-370. When additional security to bonds may be required. 

Whenever the Board shall have reason to doubt the solvency of any surety 
whose name appears upon any bond executed for the purpose of securing the 
payment of the phosphate royalty by any person digging, mining and remov- 
ing phosphate rock or phosphatic deposits in any of the territory, the property 
of the State, under any grant or license, the Board shall forthwith notify the 
person giving such bond and the sureties thereon and require that one or more 
sureties, as the case may be, shall be added to the bond, such surety or sureties 
to be approved by the Board. 

1942 Code § 2221 ; 1932 Code § 2221 ; Civ. C. '22 § 158; Civ. C. '12 § 151 ; Civ. C. '02 § 144; 
R. S. 100; 1883 (18) 304. 

§ 1-371. Proceeding for relief of sureties; new bond and its effect. 

The Board, upon petition filed by any person who is surety on any such bond 

40 



§ 1-372 Administration of the Government § 1-375 

as aforesaid and who considers himself in danger of being injured by such sure- 
tyship, shall notify the person giving such bond to give a new bond with other 
sureties and upon failure of such person to do so within thirty days shall 
cause such person to suspend further operations until a new bond be given. 
But in no case shall the sureties on the old bond be discharged from liability 
thereon until the new bond has been executed and approved, and such sureties 
shall not be discharged from any antecedent liability by reason of such surety- 
ship. 

1942 Code § 2222; 1932 Code § 2222; Civ. C. '22 § 159; Civ. C. '12 § 152; Civ. C. '02 § 145; 
R. S. 101; 1883 (18) 304. 

§ 1-372. Power to fix and change rates for digging phosphate. 

The Board is hereby vested with full and complete power and control over 
all mining in the phosphate territory belonging to this State and over all per- 
sons digging or mining phosphate rock or phosphatic deposit in the navigable 
streams and waters or in the marshes thereof, with full power and authority, 
subject to the provisions of §§ 1-367, 1-373 and 1-374, to fix, regulate, raise or 
reduce such royalty per ton as shall from time to time be paid to the State by 
such persons for all or any such phosphate rock dug, mined, removed and 
shipped or otherwise sent to the market therefrom. But six months' notice 
shall be given all persons at such time digging or mining phosphate rock in such 
navigable streams, waters or marshes before any increase shall be made in the 
rate of royalty theretofore existing. 

1942 Code § 2218; 1932 Code § 2218; Civ. C. '22 § 155; Civ. C. '12 § 148; Civ. C. § '02 § 141 ; 
R. S. 98; 1897 (22) 504. 

§ 1-373. Amount of royalty. 

All persons mining phosphate rock within this State shall pay to the State 

a royalty of five cents upon each ton so mined. 

1942 Code § 2219; 1932 Code § 2219; Civ. C. '22 § 156; Civ. C. '12 § 149; Civ. C. '02 § 142; 
1893 (21) 383; 1923 (33) 69. 

§ 1-374. Returns of rock mined and payment of royalty ; rate of royalty. 

Each person to whom a license shall be issued must, at the end of every 
month, make to the Comptroller General a true and lawful return of the phos- 
phate rocks and phosphatic deposits he may have dug or mined during such 
month and shall punctually pay to the State Treasurer, at the end of every 
quarter or three months, the royalty provided by law to be paid thereon, which 
shall not exceed two dollars per ton upon each and every ton of the crude rock 
(not of the rock after it has been steamed or dried), the first quarter to com- 
mence to run on the first day of January in each year. 

1942 Code § 2217; 1932 Code § 2217; Civ. C. '22 § 154; Civ. C. '12 § 147; Civ. C. '02 § 140; 
G. S. 68; R. S. 97; 1878 (16) 781; 1892 (21) 393. 

§ 1-375. Comptroller General notified of licenses issued. 

The State Budget and Control Board shall, within twenty days after the 
grant of any license as aforesaid, notify the Comptroller General of the issuing 

41 



§ 1-376 Code of Laws of South Carolina § 1-379 

of such license, with the name of the person to whom issued, the time of the 
license and the location for which it was issued. 

1942 Code § 2220; 1932 Code § 2220; Civ. C. '22 § 157; Civ. C. '12 § 150; Civ. C. '02 § 143; 
R. S. 99; 1889 (20) 298; 1950 (46) 3605. 

§ 1-376. Mining without license ; penalty. 

Every person who shall dig, mine or remove any phosphate rock or phos- 
phatic deposit from the beds of the navigable streams, waters and marshes of 
the State without license therefor previously granted by the State to such per- 
son shall be liable to a penalty of ten dollars for each and every ton of phos- 
phate rock or phosphatic deposits so dug, mined or removed, to be recovered by 
action at the suit of the State in any court of competent jurisdiction. One half 
of such penalty shall be for the use of the State and the other half for the use 
of the informer. 

1942 Code § 2225; 1932 Code § 2225; Civ. C. '22 § 162; Civ. C. '12 § 155; Civ. C. '02 § 148; 
G. S. 65; R. S. 104; 1877 (15) 305. 

§ 1-377. Buying or receiving from person not licensed. 

It shall be unlawful for any person to purchase or receive any phosphate rock 
or phosphatic deposit dug, mined or removed from the navigable streams, 
waters or marshes of the State from any person not duly authorized by act of 
the General Assembly of this State or license of the Board to dig, mine or re- 
move such phosphate rock or phosphatic deposit. 

1942 Code § 2226; 1932 Code § 2226; Civ. C. '22 § 163; Civ. C. '12 § 156; Civ. C. '02 § 149; 
G. S. 66; R. S. 105; 1877 (15) 305. 

§ 1-378. Penalty for violation of § 1-377. 

Any person violating § 1-377 shall forfeit to the State the sum of ten dollars 
for each and every ton of phosphate rock or phosphatic deposit so purchased or 
received, to be recovered by action in any court of competent jurisdiction. One 
half of such forfeiture shall be for the use of the State and the other half for 
the use of the informer. 

1942 Code § 2227; 1932 Code § 2227; Civ. C. '22 § 164; Civ. C. '12 § 157; Civ. C. '02 § 150; 
G. S. 67; R. S. 106; 1877 (15) 305. 

§ 1-379. Board may take proceedings to prevent interference, etc. 

Should any person whosoever interfere with, obstruct or molest or attempt 
to interfere with, obstruct or molest the Board or any one by it authorized or 
licensed hereunder in the peaceable possession and occupation for mining 
purposes of any of the marshes, navigable streams or waters of the State, 
then the Board may, in the name and on behalf of the State, take such meas- 
ures or proceedings as it may be advised are proper to enjoin and terminate 
any such molestation, interference or obstruction and place the State, through 
its agents, the Board or any one under it authorized, in absolute and practical 
possession and occupation of the same. 

1942 Code § 2228; 1932 Code § 2228; Civ. C. '22 § 165; Civ. C. '12 § 158; Civ. C. '02 § 151; 
R. S. 107; 1890 (20)693. 

Equity has jurisdiction over a suit by the which equity interferes in cases of waste, 
State to prevent illegal interference with its public nuisances and purpresture. Coosaw 
control over phosphate mines as the Min. Co. v. South Carolina, 144 U. S. 550, 
grounds for such are similar to those in 12 S. Ct. 689, 36 L. Ed. 537. 

42 



§ 1-380 Administration of the Government § 1-382 

§1-380. Forfeiture of boats, dredges, etc., used by unlicensed persons; pro- 
ceedings to enforce same. 
Should any person attempt to mine or remove phosphate rock and phos- 
phatic deposits from any of the marshes, navigable waters or streams, includ- 
ing the Coosaw River phosphate territory, by and with any boat, vessel, ma- 
rine dredge or other appliances for the same, without the leave or license 
of the Board thereto first had and obtained, all such boats, vessels, marine 
dredges and other appliances are hereby declared forfeited to and property 
of the State and the Attorney General, for and in behalf of the State, shall 
institute proceedings in any court of competent jurisdiction for the claim and 
delivery thereof, in the ordinary form of action for claim and deliver}', in 
which action the title of the State shall be established by the proof of the 
commission of any such act of forfeiture by the person owning the same, or 
his agents, in possession of such boats, vessels, marine dredges or other appli- 
ances. In any such action the State shall not be called upon or required to 
give any bond or obligation such as is required by parties plaintiff in action 
for claim and delivery. 

1942 Code § 2229; 1932 Code § 2229; Civ. C. '22 § 166; Civ. C. '12 § 159; Civ. C. '02 § 152; 
R. S. 108; 1890 (20) 694. 

§ 1-381. Interfering with State, Board or licensees; mining without license. 

Any person wilfully interfering with, molesting or obstructing or attempt- 
ing to interfere with, molest or obstruct the State or the State Budget and 
Control Board or any one by it authorized or licensed in the peaceable pos- 
session and occupation of any of the marshes, navigable streams or waters 
of the State, including the Coosaw River phosphate territory, or who shall 
dig or mine or attempt to dig or mine any of the phosphate rock or phosphatic 
deposits of this State without a license so to do issued by the Board shall be 
punished for each offense by a fine of not less than one hundred dollars nor 
more than five hundred dollars or imprisonment for not less than one nor 
more than twelve months, or both, at the discretion of the court. 

1942 Code § 1259; 1932 Code § 1259; Cr. C. '22 § 154; Cr. C. '12 § 305; Cr. C. '02 § 225; 
R. S. 515; 1890 (20) 694; 1950 (46) 3605. 

§ 1-382. Board to report annually to General Assembly. 

The Board shall report annually to the General Assembly its actions and do- 
ings under this article during the year to the time of the meeting of the As- 
sembly, with an itemized account of its expenses for the year incurred in con- 
nection with it duties and powers under this article. 

1942 Code § 2224; 1932 Code § 2224; Civ. C. '22 § 161; Civ. C. '12 § 154; Civ. C. '02 § 147; 
R. S. 103; 1890 (20) 693; 1892 (21) 383; 1950 (46) 3605. 



43 



§ 1-401 



Code of Laws of South Carolina 



§ 1-402 



CHAPTER 7. 
Grounds and Buildings. 



Article 1. 

Duties of State Budget and Control Board. 

Sec. 

1-401. Duties. 

1-402. Annual report. 

Article 2. 

Trespasses. 

1-411. Walking on roof of State House. 
1-412. Use of driveways in front of State 

House. 
1-413. Injury to trees, grass, shrubs, etc. 
1-414. Watchmen made constables. 
1-415. Punishment for violation of § 1-413. 

Article 3. 
Insurance. 

1-431. State public buildings and State-sup- 
ported institutions. 

1-432. Public buildings of counties. 

1-433. School buildings. 

1-434. Cancellation or reduction of insur- 
ance on abandoned school build- 
ings. 

1-435. Cancellation in case of dilapidation. 

1-436. Officials in charge of buildings to in- 
sure. 

1-437. Officials to furnish information. 



Sec. 

1-438. Premium rate. 

1-439. Payment of premiums. 

1-440. Premiums deducted from gasoline 

tax distribution. 
1-441. Board may reinsure. 
1-442. Insurance sinking fund. 
1-443. Reduction of premiums. 
1-444. How renewals effected. 
1-445. Value of buildings. 
1-446. Amount of insurance. 
1-447. Appraisers in case of loss. 
1-448. Payment of amount of award. 
1-449. Contracts and loans for sprinkler 

systems. 
1-450. Losses when Board hold sprinkler 

system loans. 
1-451. Inspectors. 
1-452. Penalties. 

Article 4. 

General Provisions. 

1-461. Display of State flag on State House. 
1-462. Accounting for expenses of public 

buildings. 
1-463. Water supply for capitol and State 

institutions in Columbia. 
1-464. State electrician and engineer. 
1-465. Roofs of public buildings. 



Article 1. 

Duties of State Budget and Control Board. 

§ 1-401. Duties. 

The State Budget and Control Board shall keep, landscape, cultivate and 

beautify the State House and State House grounds with authority to expend 

such amounts as may be annually appropriated therefor. The Board shall 

employ all help and labor in policing, protecting and caring for the State House 

and State House grounds and shall have full authority over the same. 

1942 Code § 2242; 1932 Code § 2242; Civ. C. '22 § 178; Civ. C. '12 §§ 171-176; 1907 (25) 
534; 1918 (30) 1907; 1950 (46) 3605. 

§ 1-402. Annual report. 

The State Budget and Control Board shall report to the General Assembly 

annually all its acts and doings in the improvement of said grounds, together 

with an itemized statement of all money expended. 

1942 Code §2243; 1932 Code §2243; Civ. C. '22 § 179; Civ. C. '12 § 177; 1907 (25) 534; 
1950 (46) 3605. 



44 



§ 1-411 Administration of the Government § 1-415 

Article 2. 
Trespasses. 

§ 1-411. Walking on roof of State House. 

It shall be unlawful for any person, without the permission of the State 
Budget and Control Board or a member of said Board, to enter upon or walk 
upon the roof of the State House. Any person violating the provisions of this 
section shall be punished by a fine of not more than one hundred dollars or 
imprisoned for not more than thirty days on the public works of Richland 
County for each offense. 

1942 Code § 1193; 1932 Code § 1193; 1929 (36) 213; 1950 (46) 3605. 

§ 1-412. Use of driveways in front of State House. 

It shall be unlawful to use the driveway in front of the State House as a 
public thoroughfare or park automobiles or other motor vehicles on the same ; 
or use the State House or grounds for any purpose not authorized by law ; but 
the provisions of this section shall not apply to the employees or officers of 
the State or to persons having business in the State House. Nothing herein 
contained, however, shall be construed to abridge the authority of the State 
Budget and Control Board to grant permission to use the State House grounds 
for educational, electrical decoration and similar purposes. Any violation 
of the provisions of this section shall be punishable by imprisonment for a 
period not exceeding thirty days or by a fine of not over one hundred dollars. 

1942 Code § 1195; 1932 Code § 1195; 1931 (37) 150. 

§ 1-413. Injury to trees, grass, shrubs, etc. 

It shall be unlawful for any person to trespass upon the grass plots or flower 
beds of the State House grounds, cut down, deface, mutilate or otherwise in- 
jure any of the trees, shrubs, grasses or flowers on said grounds or commit 
any other trespass upon any property of the State, real or personal, located 
thereon. 

1942 Code § 1194; 1932 Code § 1194; Cr. C. '22 § 84; Cr. C. '12 § 243; Cr. C. '02 § 187; 
R. S. 177; 1889 (20) 317. 

§1-414. Watchmen made constables. 

For the purpose of enforcing the provisions of § 1-413, the watchmen of the 
State House may arrest any person committing any such trespass upon said 
grounds and carry any person so arrested before either of the magistrates of 
the city of Columbia, to be dealt with as shall be directed in § 1-415; and for 
such purpose such watchmen shall have all the powers, privileges and im- 
munities of constables. 

1942 Code § 1194; 1932 Code § 1194; Cr. C. *22 § 84; Cr. C. '12 § 243; Cr. C. '02 § 187; 
R. S. 177; 1889 (20) 317. 

§ 1-415. Punishment for violation of § 1-413. 

Any person who shall violate the provisions of § 1-413 shall be guilty of a 
misdemeanor and, upon conviction thereof before either of the magistrates of 

45 



§ 1-431 Code of Laws of South Carolina § 1-436 

the city of Columbia, shall be fined not less than five nor more than one hundred 

dollars or be imprisoned not less than five nor more than thirty days. 

1942 Code § 1194; 1932 Code § 1194; Cr. C. '22 § 84; Cr. C. '12 § 243; Cr. C. '02 § 187; 
R. S. 177; 1889 (20) 317. 

Article 3. 

Insurance. 

§ 1-431. State public buildings and State-supported institutions. 

All insurance on public buildings and on the contents thereof of the State and 
of all institutions supported in whole or in part by the State shall be carried 
by the State Budget and Control Board. But no insurance shall be carried 
on the State House. 

1942 Code § 2180; 1936 (39) 1668; 19S0 (46) 3605. 

§ 1-432. Public buildings of counties. 

All insurance on public buildings and the contents thereof of the several 
counties shall be carried by the State Budget and Control Board. 

1942 Code § 2181; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-433. School buildings. 

All insurance of public school buildings and on the contents thereof, whether 
such buildings are held and operated under the general school laws or laws 
applicable to special school districts only, shall be carried by the State Budget 
and Control Board. 

1942 Code § 2182; 1936 (39) 1668; 1950 (46) 1985, 3605. 

§ 1-434. Cancellation or reduction of insurance on abandoned school buildings. 

If any school building be abandoned for use for school purposes, the Board 
may cancel or reduce all insurance carried by it on such abandoned school 
building and its contents and the Board shall not be required to renew existing 
insurance or write any insurance on any such building and its contents, the 
use of which for school purposes has been discontinued ; provided, that at 
least ten days before the cancellation or reduction of any such insurance the 
Board shall give notice to the proper authorities that such cancellation or 
reduction is to be made. 

1942 Code § 2182; 1936 (39) 1668. 

§ 1-435. Cancellation in case of dilapidation. 

The State Budget and Control Board may cancel any policy of insurance on 
any public building when in its judgment such building is no longer an insur- 
able risk because of dilapidation and depreciation ; provided, that at least ten 
days before any such cancellation the Board shall give notice to the proper 
authorities that such cancellation is to be made. 

1942 Code § 2182; 1936 (39) 1668. 

§ 1-436. Officials in charge of buildings to insure. 

The proper officer, official or trustee having by law the care and custody of 

46 



§ 1-437 Administration of the Government § 1-441 

State and county buildings and of public school buildings shall insure such 
buildings under the provisions set forth in this article. 
1942 Code § 2183; 1936 (39) 1668. 

§ 1-437. Officials to furnish information. 

The State Superintendent of Education and the county superintendents of 
education of the several counties of the State shall furnish to the State Budget 
and Control Board on request a complete list showing the location of each 
and every school building in their several counties, the numbers of the school 
districts in which such buildings are located and the names and addresses of 
the trustees having the buildings in charge. 

All officers, officials and trustees having the care and custody of the build- 
ings insured under the terms of this article shall furnish to the Board, 
on request, full information in regard to the character of construction, value, 
location and exposures of such buildings and any other information requested. 

1942 Code § 2189; 1936 (39) 1668; 1950 (46) 3605. 

§1-438. Premium rate. 

All insurance carried by the State Budget and Control Board as provided for 
in this article shall be carried at a premium rate to be determined by the Board 
not in excess of the rate which, in the opinion of the Board, would be charged 
by reliable old line insurance companies for carrying this insurance. 

1942 Code § 2184; 1936 (39) 1668. 

§1-439. Payment of premiums. 

The premium on all policies of insurance issued by the State Budget and 
Control Board shall be paid by the officer, official or trustee having the property 
insured under his care and custody upon demand of the Board, and if there be 
no funds on hand with which to make such payment when demand is made 
then payment shall be made out of the first funds available for such institution, 
county or school district, and until paid the premium due the Board shall be a 
preferred claim. The Board may charge interest at the rate of five per cent per 
annum on all amounts due and unpaid as premium on policies issued. 

1942 Code § 2185; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-440. Premiums deducted from gasoline tax distribution. 

If any county or political subdivision shall become delinquent more than one 
year in the payment of insurance premiums to the State Budget and Control 
Board, the Board shall certify the amount of such delinquency to the State 
Treasurer and the State Treasurer shall withhold from any such county's por- 
tion of the gasoline tax, on the next distribution of the same, a sufficient 
amount to cover such delinquent insurance premiums and shall transfer such 
amount to the insurance sinking fund for credit to the delinquent county. 

1947 (45) 140; 1950 (46) 3605. 

§ 1-441. Board may reinsure. 

The State Budget and Control Board may reinsure, upon terms which it 
may deem most advantageous, in a reliable insurance company or companies, 

47 



§ 1-442 Code of Laws of South Carolina § 1-445 

such portion of their insurance liability as is commensurate with the principle 
of safe underwriting. The Board shall from time to time prescribe such rules 
and regulations as may be necessary in placing and handling this reinsurance. 
1942 Code § 2186; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-442. Insurance sinking fund. 

All funds paid over to the State Budget and Control Board as premiums 
on policies of insurance and all money received from interest on loans and de- 
posits and from any other source connected with the insurance of public prop- 
erty, provided for herein, shall be held by the Board as an insurance sinking 
fund for the purpose of paying all fire and windstorm losses for which it is 
liable and the expenses necessary to the proper conduct of such insurance of 
public property by the Board and shall be invested by them as are other funds 
in their hands. 

1942 Code § 2187; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-443. Reduction of premiums. 

When the insurance sinking fund provided for in § 1-442 reaches the sum of 
five per cent of the total insurance in force, then annually thereafter the State 
Budget and Control Board shall proportionately decrease the premium of in- 
surance to an amount which will be sufficient to maintain the insurance fund at 
five per cent of the total insurance in force and if in the judgment of the Board 
the income from the investment of the insurance sinking fund is sufficient to 
maintain the insurance fund at five per cent of the total insurance in force, no 
premium shall be charged for the ensuing year, except that no building or prop- 
erty insured by the Board shall cease to pay premiums until five annual pay- 
ments shall have been paid even though such payments increase such insurance 
sinking fund beyond the sum equal to five per cent of the total insurance in 
force. 

1942 Code § 2187; 1936 (39) 1668. 

§ 1-444. How renewals effected. 

The State Budget and Control Board shall notify the officers, officials or 
trustees having the care and custody of the buildings insured under the provi- 
sions of this article, in writing, in advance of the expiration of policies of in- 
surance on such buildings, and the officers, officials or trustees so served with 
written notice shall immediately make application to the Board for the renewal 
of such insurance and shall forward, with their application, the amount of 
premium due the Board on the insurance applied for ; provided, that if no funds 
are available with which to pay the premium at the time application is made, 
the officer, official or trustee making the application shall so state and the 
amount, with interest, shall be paid by him out of the first funds available, as 
provided in § 1-439. 

1942 Code § 2188; 1936 (39) 1668; 1950 (46) 3605. 

§1-445. Value of buildings. 

The value of all public buildings shall be based on the actual cost of such 
buildings. If the State Budget and Control Board and the officers, officials or 

48 



§ 1-446 Administration of the Government § 1-449 

trustees having such buildings in their care and custody cannot agree on a 
value the value shall be fixed by three appraisers to be appointed and paid as 
provided in § 1-447. 

1942 Code § 2191; 1936 (39) 1663; 1950 (46) 3605. 

§ 1-446. Amount of insurance. 

The amount of insurance to be carried on all buildings and on the contents 
thereof as provided in this article shall be fixed by the State Budget and Con- 
trol Board after consultation with the officers, officials or trustees having such 
buildings in their care and custody. But the amount of insurance to be carried, 
as so fixed, shall in no event exceed the value of the building and contents to be 
insured after reasonable deductions for depreciation. 

1942 Code § 2192; 1936 (39) 1668. 

§ 1-447. Appraisers in case of loss. 

In the event of loss or damage by fire, lightning or those causes embracing 
protection afforded under the form of insurance termed as and approved as 
extended coverage, when an agreement as to the extent of such loss or damage 
cannot be arrived at between the Board and the officials having charge of 
the property, the amount of such loss or damage to be paid by the Board 
shall be determined by three appraisers, one to be named by the Board, one 
by the officer, official or trustee having the damaged or destroyed building in 
charge, and the third by the two so appointed. These appraisers shall file 
their written report with the Board and a duplicate copy with the insured. 
The cost of the appraisal shall be borne one half by the Board and one half 
by the insured. 

1942 Code §2193; 1936 (39) 1668; 1950 (46) 1985, 3605. 

§ 1-448. Payment of amount of award. 

The amount paid by the Board, as fixed by the appraisers, shall, in the event 
the building so damaged or destroyed is a county building or a public school 
building, be paid over to the county treasurer of the county in which the build- 
ing is located, to be by him paid out as required by law, upon the proper war- 
rant or order of the proper official or trustees, for the repair, restoration or re- 
building of the property damaged or destroyed ; and, in the event the property 
so damaged or destroyed is State property, then the amount shall be paid over 
to the officer or official having the property in his care and custody, to be ex- 
pended by him for the repair, restoration or rebuilding of the property dam- 
aged or destroyed. 

1942 Code § 2193; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-449. Contracts and loans for sprinkler systems. 

The State Budget and Control Board may make contracts with responsible 
manufacturers of sprinkler systems for the installation of approved sprinkler 
systems in State institutions. If such contracts are made, the Board may make 
loans to the institutions involved for the payment for such sprinkler systems 
or may accept in such contracts any terms deemed advisable which may be 
[ISC Code]— 4 49 



§ 1-450 Code of Laws of South Carolina § 1-452 

agreed upon with the manufacturers as to the payment therefor. Such con- 
tracts shall be made only when, in the judgment of the Board, the resultant 
reduction in the premium rate, together with any funds which may be made 
available from other sources, will be sufficient to repay loans made by the 
Board or to pay for the sprinkler systems according to contract terms within a 
period of time satisfactory to the Board. No reduction in the premium rate 
shall be allowed until such loans have been discharged or until payment has 
been made in full for the installation of such sprinkler systems. The Board 
may also make loans to owners (other than the State) of property insured by 
them for the purpose of installing sprinkler systems when, in their judgment, 
the reduction in premium rate will be sufficient to retire such loan, or loans, 
within a period of time satisfactory to the Board. No reduction in the pre- 
mium rate shall be made until such loans have been liquidated, and a pro- 
vision to this effect shall be embodied in any such loan agreement. 
1942 Code § 2195; 1935 (39) 379; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-450. Losses when Board holds sprinkler system loans. 

In the event of a total or partial loss of any building on which the State Bud- 
get and Control Board carries a loan for the installation of a sprinkler system, 
there shall be deducted from the amount of insurance payable, and credited on 
such loan, a proportion of the loan equal to the proportion which the amount 
of the loss payable bears to the total amount of insurance carried on the build- 
ing or, in the case of institutions where insurance is carried on two or more 
buildings, the deduction and loan credit shall be a proportion of the loan equal 
to the proportion which the loss payable bears to the aggregate insurance car- 
ried on all such buildings. A provision to this effect shall be embodied in each 
loan agreement. 

1942 Code § 2195; 1935 (39) 379; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-451. Inspectors. 

The State Budget and Control Board may employ an inspector, or inspectors, 
whose duty shall be to protect the property of the State from damage or de- 
facement in connection with the installation of sprinkler systems and may 
charge the cost thereof to the institution or institutions involved as a part of 
the cost of the installation of such sprinkler systems. 

1942 Code § 2195; 1935 (39) 379; 1936 (39) 1668; 1950 (46) 3605. 

§ 1-452. Penalties. 

Any officer, official or trustee, upon whom the duties provided in this article 
devolve, who fails or refuses to carry out such provisions, shall be guilty of a 
misdemeanor and, upon conviction thereof, shall be fined in a sum not less than 
twenty-five dollars, nor more than one hundred dollars, or imprisoned not less 
than ten nor more than thirty days. 

1942 Code § 2190; 1936 (39) 1668. 



50 [ISC Code] 



§ 1-461 Administration of the Government § 1-465 

Article 4. 

General Provisions. 

§ 1-461. Display of State flag on State House. 

The State flag shall be displayed daily, except in rainy weather, from a staff 

upon the State House. The State Budget and Control Board shall purchase a 

suitable flag and cause it to be displayed, the expense to be borne out of the 

funds provided for maintenance. 

1942 Code § 5703; 1932 Code §§ 5703, 5705; Civ. C. '22 §§ 2772, 2773; Civ. C. '12 §§ 1842, 
1843; 1910 (26) 753; 1922 (32) 779. 

§ 1-462. Accounting for expenses of public buildings. 

All expenditures from amounts specified in appropriations for expenses in 
connection with the public buildings of the State shall be itemized and verified 
by the contractors and certified to by the respective officers in charge thereof. 

1942 Code § 3196; 1932 Code § 3196; Civ. C. '22 § 893; Civ. C. '12 § 813; 1909 (26) 282. 

§ 1-463. Water supply for capitol and State institutions in Columbia. 

The city of Columbia may install without cost to the State water meters for 
the State Capitol building and the State institutions now or hereafter using 
water furnished by the city of Columbia. After the water meters have been in- 
stalled, as provided for in this section, the State electrician and engineer shall 
pay the city of Columbia for all water actually used by the government and reg- 
istered by the meters, at the rate of seven and a half cents per thousand gallons. 

1942 Code § 3080; 1932 Code § 3080; 1924 (33) 1848. 

§ 1-464. State electrician and engineer. 

The State electrician and engineer shall be elected by the State Budget 
and Control Board for a term of one year and may be removed by the Board 
without notice. He shall receive such compensation and expenses as may be 
provided by law. He shall attend to the boilers, engines and other equipment 
and appliances of all State buildings and property in Columbia and he shall do 
all repairing of wiring, fixtures, fuses and other similar apparatus for such 
buildings and property. He shall employ and supervise such personnel as 
funds may be appropriated for and such personnel shall be subject to discharge 
at any time by him. 

1942 Code § 3079; 1950 (46) 2413. 

§ 1-465. Roofs of public buildings. 

Every public building erected, enlarged or re-roofed after May 27 1936, 
whether owned by the State or a county or school district, shall have the roof 
of such building and also the roof top and sides of all roof structures, including 
dormer windows, covered with fireproof and incombustible material. 

1942 Code § 2194; 1936 (39) 1668. 

51 



§ 1-501 



Code of Laws of South Carolina 



§ 1-502 



CHAPTER 8. 
Printing and State Publications Generally. 



Article 1. 

Functions of State Budget and 
Control Board. 

Sec. 

1-501. General powers. 
1-502. Additional powers. 
1-503. Approval of State printing. 
1-504. Board to carry out laws applicable 
to printing, etc. 

Article 2. 
Reports of Officers, Departments, etc. 

1-511. When copy for departmental reports 

to be submitted. 
1-512. House clerks to furnish corrected 

journals. 

Article 3. 
Contracts for Printing. 

1-521. Advertisements for proposals; spec- 
ifications. 

1-522. Proposals; letting contracts. 

1-523. Bonds of persons awarded contracts. 

1-524. Reletting contracts in certain cases. 

1-525. Blank. 

1-526. Verification and approval of bills. 

1-527. How printing for Legislature to be 
certified. 

1-528. How public printing paid for. 



Sec. 

1-529. Limitation of amount payable for 

printing. 
1-530. Penalty when public printer does not 

comply with certain sections. 

Article 4. 

Purchase of Printing Equipment, Office 
Supplies, etc. 

1-541. Board to approve all purchases of 
printing, etc., equipment. 

1-542. Purchase of office supplies. 

1-543. Revolving fund for purchase of office 
supplies, etc. 

Article 5. 
Distribution of Publications. 

1-561. Number of copies to be bound. 
1-562. Delivery to and distribution by State 

Librarian. 
1-563. Distribution by keeper of legislative 

library. 
1-564. Who entitled to receive copies. 
1-565. Copies of publications for University 

of South Carolina. 
1-566. Same; State colleges and universities 

generally. 
1-567. Same; College of Charleston. 
1-568. Same; Library of Congress. 



Article 1. 
Functions of State Budget and Control Board. 

§1-501. General powers. 

The State Budget and Control Board shall have control and supervision of 
all the public printing, binding, lithographing and engraving for the State or 
any department of the State government. 

1942 Code § 2086; 1932 Code § 2086; Civ. C. '22 § 48; 1916 (29) 709; 1950 (46) 3605. 

Cross reference. — As to public printing Engraving of highway certificates does 

generally, see S. C. Const., Art. 17, § 5. not come within this chapter. Hall v. Rich- 

ards, 159 S. C. 34, 156 S. E. 12. 



§ 1-502. Additional powers. 

The State Budget and Control Board may inquire at any time into all mat- 
ters pertaining to the contracts for the public printing and the distribution of 
official reports and publications and may prevent unnecessary printing, bind- 
ing, lithographing or engraving. It may see that all extraneous matter is 
omitted from any publication paid for out of the public printing fund or any 
fund of any State department or State institution and may recommend from 

52 



§ 1-503 Administration of the Government § 1-521 

time to time to the General Assembly such remedial legislation as in its judg- 
ment may be fit and proper. The State Budget and Control Board shall have 
control of the style and arrangement of all public printing. 

1942 Code § 20S7; 1932 Code § 2087; Civ. C. '22 § 49; 1916 (29) 709; 1950 (46) 3603. 

Cited in Blease v. Charleston, etc., R. Co., 
146 S. C. 496, 144 S. E. 233. 

§ 1-503. Approval of State printing. 

The State Budget and Control Board may pass upon and approve all printing 
pertaining to legislative and State matters in this State. 

1942 Code § 2090-3; 1935 (39) 83; 1950 (46) 3605. 

§ 1-504. Board to carry out laws applicable to printing, etc. 

The provisions of law applicable to the public printing, binding, lithograph- 
ing and engraving shall be executed by the State Budget and Control Board. 
1942 Code § 2089; 1932 Code § 2089; Civ. C. *22 § 51; 1916 (29) 709; 1950 (46) 3605. 

Article 2. 

Reports of Officers, Departments, etc. 

§ 1-511. When copy for departmental reports to be submitted. 

Any department or institution of the State government which is by law re- 
quired to submit an annual report to the Governor or the General Assembly 
shall submit the copy for such annual report to the State Budget and Control 
Board not later than September first each year and the Board shall have the 
same printed as may be provided by law. 

1942 Code § 2096; 1932 Code § 2096; 1929 (36) 225; 1931 (37) 278; 1933 (38) 490; 1950 
(46) 3605. 

§ 1-512. House clerks to furnish corrected journals. 

The clerks of the two Houses shall furnish the public printer corrected 

journals daily for the permanent printing. 

1942 Code § 2103; 1932 Code § 2103; Civ. C. '22 §§ 64, 66, 67; Civ. C. '12 §§ 54, 56, 57; Civ. 
C. '02 §§ 51, 53, 54; G. S. 32; R. S. 51, 53, 54; 1884 (18) 872. 

Article 3. 
Contracts for Printing. 

§ 1-521. Advertisements for proposals; specifications. 

The State Budget and Control Board shall, at such times as it may deem 
best for the interest of the State, cause to be published in at least one daily 
newspaper in each of the counties of Richland, Charleston, Spartanburg and 
Greenville, for at least one day in each week for three consecutive weeks, a call 
for sealed proposals to do the public printing for the General Assembly and re- 
ports of officers, boards and commissions of the State. The clerk or secretary 
of the Board shall furnish bidders with specifications of the different classes of 
printing to be done. 

1942 Code § 2090; 1932 Code § 2090; 1926 (34) 908; 1950 (46) 3605. 

53 



§ 1-522 Code of Laws of South Carolina § 1-526 

§1-522. Proposals; letting contracts. 

The proposals shall state at what price per page the bidder will execute the 
several classes of work, respectively, and what additional charge per page he 
will make for rule and figure work. A proposal for the public printing, en- 
closed in an envelope, sealed w- ith - wax and endorsed "Proposal for the Public 
Printer", shall be filed with the clerk or secretary of the Board within five days 
of the date advertised by the Board for the awarding of the contract for public 
printing and any such proposals shall be opened by the chairman of the Board 
or, in his absence, by the acting chairman, in the presence of the Board ; 
and the contract may be awarded by the Board to the lowest responsible bid- 
der. If the bids received be deemed unacceptable, the Board may reject all 
bids and call for new bids. 

1942 Code § 2090; 1932 Code § 2090; 1926 (34) 908; 1950 (46) 3605. 

§ 1-523. Bonds of persons awarded contracts. 

The person to whom the contract for the public printing shall be awarded 
shall on or before the first day of July next after such award give bond, with 
sufficient surety in the sum of ten thousand dollars, for the faithful perform- 
ance of the work. Such bond shall be approved by the Governor, the Attorney 
General and the State Treasurer. 

1942 Code § 2091; 1932 Code § 2091; Civ. C. '22 § 53; Civ. C. '12 § 43; Civ. C. '02 § 40; 

189S (22) 700. 

Cited in Blease v. Charleston, etc., R. Co, 
146 S. C. 496, 144 S. E. 233. 

§ 1-524. Reletting contracts in certain cases. 

If by reason of death or any other cause the person to whom the contract 
for public printing shall have been awarded shall fail to undertake the work 
thereunder or shall fail to give bond in due time, the State Budget and Control 
Board shall call for proposals for such printing and award the contract there- 
for to the lowest responsible bidder, subject to all the conditions and regula- 
tions hereinbefore set forth. 

1942 Code § 2092; 1932 Code § 2092; Civ. C. '22 § 54; Civ. C. '12 § 44; Civ. C. '02 § 41; 
1898 (22) 700; 1916 (29) 707; 1920 (31) 805; 1950 (46) 3605. 

Cited in Blease v. Charleston, etc., R. Co., 
146 S. C. 496, 144 S. E. 233. 

§ 1-525. Blank. 

§ 1-526. Verification and approval of bills. 

The public printer shall, with each bill rendered by him for public printing, 
upon oath certify that the provisions of this article have been complied with 
in such work ; and no such bill shall be paid until the work has been done and 
a copy thereof filed with and examined by the State Budget and Control Board 
and its approval of the work and of the amount of the account endorsed on such 
bill, except bills for the current printing of the two Houses, which shall be 

54 



§ 1-527 Administration of the Government § 1-541 

likewise examined and approved by the State Budget and Control Board, upon 

sworn accounts filed with it, before such bills shall be paid. 

1942 Code § 2101; 1932 Code § 2101; Civ. C. '22 § 62; Civ. C. '12 § 52; Civ. C. '02 § 49; 
R. S. 49; 1886 (19) 310; 1916 (29) 710; 1950 (46) 3605. 

§ 1-527. How printing for Legislature to be certified. 

The faithful performance of the printing for each House shall be certified 

by its presiding officer and clerk. But in the absence of either of such officers 

from the seat of the government, the Secretary of State, to whom the work 

nnv be delivered, shall certify to its proper execution. A specimen copy of 

each class of work, with the accounts of the same verified by affidavit, shall 

be filed in the office of the Comptroller General. 

1942 Code § 2103; 1932 Code § 2103; Civ. C. '22 §§ 64, 66, 67; Civ. C. '12 §§ 54, 56, 57; 
Civ. C. '02 §§ 51, 53, 54; G. S. 32; R. S. 51, 53, 54; 1884 (18) 872. 

§ 1-528. How public printing paid for. 

The Comptroller General shall draw his warrant, and the State Treasurer 
shall pay the same out of any moneys in the State Treasury not otherwise ap- 
propriated for the public printing, upon the production of proper vouchers, 
which shall consist of copies of the temporary printing executed and signa- 
tures of the permanent printing as the work progresses. 

1942 Code § 2104, 1932 Code § 2105; Civ. C. '22 § 69; Civ. C. '12 § 59; Civ. C. '02 § 56; 
G. S. 56; R. S. 56; 1890 (20) 710. 

§ 1-529. Limitation of amount payable for printing. 

In no fiscal year shall the Comptroller General draw his warrants or the 
State Treasurer pay the same for an aggregate amount for printing in excess 
of the sum of twenty thousand dollars unless a larger amount has been appro- 
priated, in which case such warrants shall not exceed the appropriation. 

1942 Code § 2104, 1932 Code § 2105; Civ. C. '22 § 69; Civ. C. '12 § 59; Civ. C. '02 § 56; 

G. S. 56; R. S. 56; 1890 (20) 710. 

§ 1-530. Penalty when public printer does not comply with certain sections. 

For failure to comply with the provisions of §§ 1-315, 1-316, 1-317 and 1-319, 
the public printer shall be subject to the following penalty, which shall be de- 
ducted from any compensation due him or them for the printing of such acts : 
for the first five days of such delay, five dollars per day, for the next ten days 
of such delay, ten dollars per day and for each subsequent day of delay there- 
after, twenty dollars per day. But in case of fire, war or accident beyond the 
control of the public printer, the State Budget and Control Board may, in its 
discretion, remit in whole or in part the penalty above provided. The State 
Budget and Control Board shall enforce the provisions of this section. 

1942 Code § 2115; 1932 Code § 2115; 1927 (35) 268; 1950 (46) 3605. 

Article 4. 
Purchase of Printing Equipment, Office Supplies, etc. 

§ 1-541. Board to approve all purchases of printing, etc., equipment. 

No department of the government of this State shall make any purchase of 

55 



§ 1-542 Code of Laws of South Carolina § 1-561 

any equipment, machinery or apparatus for the production or reproduction 
of printing, lithographing or engraving without first having secured the ap- 
proval in writing of the State Budget and Control Board. The Comptroller 
General before issuing his warrant for any bill or voucher for any such equip- 
ment, machinery or apparatus shall see that the same is duly approved by 
the clerk or secretary of the Board and the Comptroller General shall re- 
fuse to issue his warrant for any bill or voucher not so approved, whether 
such is to be paid from money derived from fees, licenses, taxes or otherwise. 
The provisions hereinabove shall not apply to the purchase or to the issuing 
of any warrant for any bill or voucher for the purchase of any mimeograph or 
duplicating machine. 

1942 Code § 2090; 1932 Code § 2090; 1926 (34) 908; 1950 (46) 3605. 

Engraving of highway certificates. — In a section as upholding his view that the en- 
dissenting opinion in Hall v. Richards, 159 graving of highway certificates of indebted- 
S. C. 34, 156 S. E. 12, Cothran, J. cites this ness is included in this chapter. 

§ 1-542. Purchase of office supplies. 

The State Budget and Control Board shall purchase with such funds as the 
General Assembly may from time to time provide all stationery and office 
supplies (not including furniture and fixtures) required by the General As- 
sembly and the several departments, boards and commissions of the State 
government. The heads of such departments, boards and commissions shall 
make purchases of all such supplies from the Board, payment for which shall 
be made by warrant drawn by the Comptroller General. The Board shall 
refund all collections from such sources to the State Treasurer. 

1942 Code § 2090; 1932 Code § 2090; 1926 (34) 908; 1950 (46) 3605. 

§ 1-543. Revolving fund for purchase of office supplies, etc. 

From the accumulated unexpended balances of the revolving fund heretofore 
appropriated for the purchase of office supplies by the State Budget and Con- 
trol Board the sum of ten thousand dollars shall be maintained by the State 
Treasurer as a permanent and continuing revolving fund for the purchase of 
office supplies or such other commodities as the General Assembly may here- 
after direct, to be administered by the Board. 

1942 Code § 2090-1; 1932 Code § 2090; Civ. C. '22 § 52; Civ. C. '12 § 42; Civ. C. '02^ 39; 
R. S. 39; 1898 (22) 700; 1916 (29) 707; 1920 (31) 805; 1940 (41) 1758. 

Article 5. 

Distribution of Publications. 

§ 1-561. Number of copies to be bound. 

A sufficient number of copies of the Journals and of the Acts and Joint Reso- 
lutions of the General Assembly for the use of the members of the General 
Assembly and for the State Librarian to make the exchanges with other States 
shall be printed and bound in a good and substantial manner. The clerk of 
the Senate and the clerk of the House of Representatives may have the same 

56 



§ 1-562 Administration of the Government § 1-564 

done immediately upon the close of the session or as soon thereafter as prac- 
ticable. 

1942 Code § 2106; 1932 Code § 2106; Civ. C. '22 § 70; Civ. C. '12 § 60; Civ. C. '02 § 57; 
C. S. 37; R. S. 58; 1896 (22) 203. 

§ 1-562. Delivery to and distribution by State Librarian. 

On the completion of the permanent work, the clerks of the Senate and the 

House of Representatives shall deliver the same to the State Librarian, who 

shall forward, by mail or otherwise, as he may deem expedient, a copy thereof 

to each of the members of the General Assembly and copies of the Acts and 

Joint Resolutions to the different states, institutions and officers entitled by 

law to receive the same. 

1942 Code § 2107; 1932 Code § 2107; Civ. C. '22 § 71; Civ. C. '12 § 61; Civ. C. '02 § 58; 
G. S. 38; R. S. 59; 1896 (22) 203. 

§ 1-563. Distribution by keeper of legislative library. 

The keeper of the legislative library shall, within five days after the receipt 

of the printed copies of the Acts and Joint Resolutions, send out, either by 

mail or express, copies thereof addressed to each person, officer or corporation 

entitled thereto. 

1942 Code § 2108; 1932 Code § 2108; Civ. C. '22 § 72; Civ. C. '12 § 62; Civ. C. '02 § 59; 
R. S. 60; 1889 (20) 335; 1913 (28) 60; 1927 (35) 268. 

§ 1-564. Who entitled to receive copies. 

Copies of the Acts and Joint Resolutions shall be distributed as follows: 
(1) To each circuit judge, one copy ; 



(2) To each solicitor, one copy ; ^S /\S> 

(3) To each clerk of court, one copy ; . / V' 

(4) To each judge of probate, one copy ; 

(5) To each county sheriff, one copy; 

(6) To each county auditor, one copy ; 

(7) To each county treasurer, one copy ; 

(8) To each county superintendent of education, one copy; 

(9) To each county supervisor, one copy ; 

(10) To the Supreme Court at Columbia, one copy; 

(11) To each magistrate in the State, one copy ; 

(12) To each master, one copy ; 

(13) To each professor and instructor at the Law School of the University of 

South Carolina, one copy ; 

(14) To each of the chartered colleges of the State, one copy; 

(15) To the library of the General Assembly, one hundred and fifty copies ; 

(16) To the University of South Carolina, two copies ; 

(17) To the Charleston library, two copies ; 

(IS) To the governor of each state of the Union, for the use of the state, one 
copy; 

(19) To the legislature of each state, one copy ; 

(20) To the legislative council of the province of Quebec, Canada, one copy; 

57 



§ 1-565 Code of Laws of South Carolina § 1-567 

(21) To each head of a department at Washington, for the use of his depart- 

ment, one copy ; 

(22) To the libraries of Harvard University, Princeton University, Yale Uni- 

versity and the Universities of Alabama, Georgia, Gottingen, Heidel- 
berg, North Carolina, the South and Virginia, one copy each ; 

(23) To the Athenaeum, Boston, and to the Athenaeum, Philadelphia, one 

copy each ; 

(24) To the committee of public records, London, one copy; 

(25) To the London museum, one copy ; 

(26) To the King's Library, in Paris, one copy; 

(27) To the royal library at Berlin, one copy ; and 

(28) To the historical societies of South Carolina, Maryland, New York, Penn- 

sylvania and Virginia, each one copy. 

1942 Code § 2109; 1932 Code § 2109; Civ. C. '22 § 73; Civ. C. '12 § 63; Civ. C. '02 § 60; 

G. S. 40; R. S. 61; (6) 648; 1883 (18) 588; 1889 (20) 335; 1894 (21) 1076; 1897 (22) 458; 
1902 (23) 964; 1936 (39) 1317, 1350, 1548; 1941 (42) 85. 

§ 1-565. Copies of publications for University of South Carolina. 

The officials charged with distribution of such publications shall deliver to 
the law library of the University of South Carolina not later than thirty days 
after they are printed from time to time the following number of such publica- 
tions in addition to those otherwise by law required to be delivered to said law 
library: twenty-five copies of the Acts and Joint Resolutions of the General 
Assembly, twenty-five copies of the proceedings of any constitutional con- 
vention of this State, twenty-five copies of the Code, and forty-eight copies of 
the Reports of the Supreme Court. The officials of the law library of the 
University of South Carolina shall exchange all or any part of such publica- 
tions for publications relating to government useful to students of law and 
public officials and shall catalogue and arrange such material so as to make 
it serviceable to members of the General Assembly. 

1942 Code § 2109; 1932 Code § 2109; Civ. C. '22 § 73; Civ. C. '12 § 63; Civ. C. '02 § 60; 
G. S. 40; R. S. 61; (6) 648; 1883 (18) 588; 1889 (20) 335; 1894 (21) 1076; 1897 (22) 458; 
1902 (23) 964; 1936 (39) 1317, 1350, 1548; 1937 (40) 152; 1941 (42) 85. 

§ 1-566. Same; State colleges and universities generally. 

The State Librarian may furnish, upon request, copies of the Acts and Joint 

Resolutions and the permanent journals of the General Assembly to any 

recognized college or university in this State. 

1942 Code § 2109; 1932 Code § 2109; Civ. C. '22 § 73; Civ. C. '12 § 63: Civ. C. '02 § 60: 
G. S. 40; R. S. 61; (6) 648; 1883 (18) 588; 1889 (20) 335; 1894 (21) 1076; 1897 (22) 458; 
1902 (23) 964; 1936 (39) 1317, 1350, 154S; 1941 (42) 85. 

§ 1-567. Same; College of Charleston. 

The State Librarian shall include the College of Charleston among the in- 
stitutions of the State to which copies of the Acts and Joint Resolutions of 
the General Assembly, legislative journals and reports of State officers are di- 
rected to be sent annually. 

1942 Code § 2109; 1932 Code § 2109; Civ. C. '22 § 73; Civ. C. '12 § 63; Civ. C. '02 § 60; 

58 



§ 1-568 



Administration of the Government 



§1-601 



G. S. 40; R. S. 61; (6) 648; 1883 (18) 588; 1889 (20) 335; 1S94 (21) 1076; 1897 (22) 458; 
1902 (23) 964; 1936 (39) 1317, 1350, 1548; 1941 (42) 85. 

§ 1-568. Same; Library of Congress. 

The officials charged with the distribution shall annually forward by mail 
or otherwise, as they may deem expedient, the following number of such pub- 
lications to the Library of Congress, Washington, D. C, to wit: 

Eight copies of the reports of the Supreme Court ; 

Two copies of the journals and reports of the General Assembly ; and 

Eight copies of the Acts and Joint Resolutions. 

These provisions are made in recognition of benefits received through 

receipt at depository libraries and elsewhere in the State of public documents 

of the United States under the provisions of Federal laws. 

1942 Code § 2109; 1932 Code § 2109; Civ. C. '22 § 73; Civ. C. '12 § 63; Civ. C. '02 § 60; 
G. S. 40; R. S. 61; (6) 648; 1883 (18) 588; 1889 (20) 335; 1894 (21) 1076; 1897 (22) 45S; 
1902 (23) 964; 1936 (39) 1317, 1350, 1548; 1941 (42) 85. 



CHAPTER 9. 
Census. 

Sec. 

1-601. United States census of 1940 adopted. 

§ 1-601. United States census of 1940 adopted. 

The United States census of 1940 is hereby adopted as the true and correct ~^T/ 
enumeration of the inhabitants of the several counties, municipalities and other_ — - — "T 
governmental subdivisions of this State. 

1942 Code § 2257; 1932 Code § 2257; 1931 (37) 33; 1942 (42) 1474. 



CHAPTER 10. 
Blank. 



CHAPTER 11. 
Bonds of Political Subdivisions. 



Article 1. 
General Provisions. 
Sec. 
1-644. Record of public bond issues to be 

kept and tiled. 
1-645. Bonds incontestible from twenty 

days after filing. 
1-646. Reports of obligations issued. 
1-647. Forms for such reports. 



Sec. 

1-648. Notification to taxing authorities of 
obligations to be met in following 
year. 

1-649. Penalty for failure to provide pay- 
ment of obligations. 

1-650. Blank. 

1-651. Notification to disbursing officers of 
time, place and amount of pay- 
ments. 



59 



§ 1-644 



Code of Laws of South Carolina 



§ 1-646 



Sec. 

1-652. Failure to make payment or remit 

funds for payment. 
1-6S3. Report of violations to Attorney 

General and solicitors. 
1-6S4. Publication of annual statement of 

obligations. 

Article 2. 
Protection of Sinking Funds. 

Investment of sinking funds of 
political subdivisions of the State; 
change. 

When collections need not be in- 
vested. 

Deposit of fund. 

Holding of such investments. 

Advertisements for purchase of 
securities. 

Same; local exception for Spartan- 
burg County. 

Choice of investments. 

Sale of bonds in sinking fund. 

Statements to be filed. 

Failure to make such investments a 
misdemeanor. 

Provisions not applicable to certain 
counties. 



1-661. 



1-662. 

1-663. 
1-664. 
1-665. 

1-666. 

1-667. 
1-668. 
1-669. 
1-670. 

1-671. 



Sec. 

1-681. 

1-682. 

1-683. 

1-684. 



1-685. 
1-686. 
1-687. 
1-688. 
1-689. 
1-690. 
1-691. 
1-692. 
1-693. 
1-694. 



1-695. 
1-696. 

1-697. 
1-698. 

1-699. 



Article 3. 
Refunding Act. 

Short title of article. 

Definitions. 

Purpose of article. 

Extent to which refunding bonds 
may be issued. 

When such bonds may be issued. 

Interest rate. 

Maturities. 

Redemption privilege. 

Negotiability; registration. 

Place of payment. 

Execution of bonds. 

Sale of such bonds. 

Sales price. 

Pledges and covenants to ensure pay- 
ment. 

Exemption from taxes. 

Bonds to be legal for fiduciary in- 
vestment. 

Use of bonds to pay taxes. 

Holder may require levying of taxes 
and enforce covenants. 

Deposit and use of proceeds. 



Article 1. 

General Provisions. 

§ 1-644. Record of public bond issues to be kept and filed. 

In case any county, township, school district, city, town or other municipal- 
ity is authorized to issue bonds in pursuance of law, the persons and officers 
charged therewith shall make a full record of the proceedings connected 
with such bond issue and a copy of the record of such proceedings shall be 
filed and indexed in the office of the clerk of court of the county in a special 
book to be furnished therefor. 

1942 Code §8891; 1932 Code §8891; Civ. C. '22 §5321; 1916 (29) 922; 1917 (30) 166; 
1918 (30) 779. 

§ 1-645. Bonds incontestible from twenty days after filing. 

No action shall be commenced on account of the issuance of any such bonds 

after the expiration of twenty days from the date of the filing and indexing 

of such records and such bonds so issued, when in the hands of a bona fide 

purchaser for value, shall be incontestible. 

1942 Code §8892; 1932 Code §8892; Civ. C. '22 §5322; 1916 (29) 922; 1917 (30) 166; 
1918 (30) 779. 



§ 1-646. Reports of obligations issued. 

Within thirty days after any obligations maturing more than one year from 
date of issue shall be issued by any county, township, city, town, school dis- 
trict or other political subdivision of this State, the board, commission, bureau 

60 



§ 1-647 Administration of the Government § 1-649 

or other authorized issuing body or officer of such political subdivision shall 
file with the Comptroller General a statement as to such obligations giving the 
amount thereof, the date of issue, the time or times of maturity of principal and 
of interest payable thereon, the rate of interest borne, the place or places at 
which principal and interest are payable, the denominations of the obligations, 
the purpose of issuance and the amount of sinking fund in hand for the retire- 
ment of such obligations and how invested. Such statement shall also state 
what officer, board or body is authorized to levy taxes to pay such obligations 
and what officer is entrusted with the duty of paying the same and shall give 
a reference to the law under which such obligations have been issued. 
1942 Code §§ 7332, 7333; 1932 Code §§ 7332, 7333; 1927 (35) 260. 

§ 1-647. Forms for such reports. 

The Comptroller General shall prepare and furnish to the board, commission, 
bureau or other authorized issuing body or officer of each of the aforesaid 
political subdivisions of the State blank forms upon which the statements 
required by § 1-646 may be made and shall keep such statements in a prop- 
er file, properly indexed, or record them in book form. 

1942 Code § 7334; 1932 Code §§ 7334; 1927 (35) 260. 

§ 1-648. Notification to taxing authorities of obligations to be met in fol- 
lowing year. 

The Comptroller General shall mail to each of the taxing authorities, or their 
recording officers, of all political subdivisions as to which statements have been 
so filed, at least thirty days before the time for the levy of taxes in each year, 
a statement of the amount to be provided by taxation or otherwise for the pay- 
ment of interest and principal due upon such obligations within the following 
year, as well as the amount to be so provided for a sinking fund in case no part 
of the principal of such obligations shall fall due within the following year, and 
at the same time shall direct the attention of such officials to § 1-649 and en- 
close a copy of said section or a copy of §§ 1-646 to 1-649 and 1-651 to 1-654. 

1942 Code § 7335; 1932 Code § 7335; 1927 (35) 260. 

§ 1-649. Penalty for failure to provide payment of obligations. 

If any taxing authority so notified by the Comptroller General shall fail or 
refuse to make the necessary provision for payment of interest, principal or 
sinking fund of any obligation by the levy of taxes or otherwise at or before 
the time provided for such tax levy any individual officer who constitutes such 
a taxing authority and any member of a board or body composing such a tax- 
ing authority who shall be present at the time for such levy and shall not have 
there voted in favor thereof or who shall not there have caused his request that 
such provision be made to be recorded in the minutes of the meeting shall be 
subject to a penalty of two hundred dollars which he shall forfeit and pay to 
any taxpayer or to any holder of any such obligation who may sue for the 
same. 

1942 Code § 7336; 1932 Code § 7336; 1927 (35) 260. 

61 



§ 1-650 Code of Laws of South Carolina § 1-654 

§ 1-650. Blank. 

§ 1-651. Notification to disbursing officers of time, place and amount of pay- 
ments. 

The Comptroller General shall mail to each disbursing officer of each polit- 
ical subdivision having outstanding obligations as to which statements have 
been filed under § 1-646, at least thirty days before the time fixed in such 
obligations for the payment of the principal or interest thereupon, a notice giv- 
ing the amount of such required payment and the place at which the same 
is to be paid, with a brief description of the obligations upon which such 
payment is to be made, and shall call the attention of such disbursing officer 
to the provisions of § 1-652 and enclose a copy of said section or of §§ 1-646 to 
1-649 and 1-651 to 1-654. 

1942 Code § 7338; 1932 Code § 7338; 1927 (35) 260. 

§ 1-652. Failure to make payment or remit funds for payment. 

If any disbursing officer shall fail or refuse to make payment of any obliga- 
tions when they shall fall due, at his office, or shall fail or refuse to remit funds 
for such payment to the agreed place for payment in sufficient time for such 
payment, funds for such payment being in his hands, whether or not such pay- 
ments or remission for payment shall have been ordered by any board or offi- 
cer, the disbursing officer so failing or refusing shall be guilty of a misde- 
meanor and upon conviction thereof shall be punished by imprisonment for a 
term of not less than thirty days and not more than one year and a fine of not 
less than two hundred dollars and not more than five hundred dollars, either or 
both within the discretion of the court. 

1942 Code § 7339; 1932 Code § 7339; 1927 (35) 260. 

§ 1-653. Report of violations to Attorney General and solicitors. 

The Comptroller General shall report to the Attorney General and solicitors 
for investigation and action thereon any violation of §§ 1-646 to 1-649 and 
1-651 to 1-654 which may come to his attention. 

1942 Code § 7341; 1932 Code § 7341; 1927 (35) 260. 

§ 1-654. Publication of annual statement of obligations. 

The Comptroller General shall publish as a part of his annual report a state- 
ment of the obligations of all political subdivisions with substantially the de- 
tails herein required for report of such obligations by the issuing authorities. 
He shall publish, county by county, a statement giving all bonds of every kind 
for each city and county and for each township and school district of each 
county in the State, showing the bonded indebtedness in each. 

1942 Code § 7340; 1932 Code § 7340; 1927 (35) 260. 

City may show that bonds exceed consti- topped by recitals that bonds were valid ob- 

tutional indebtedness. — Since assessed value ligations to show that bonds exceed maxi- 

of taxable property within municipality mum constitutional indebtedness. Bolton v. 

and amount of its bonded indebtedness are Wharton, 163 S. C. 242, 161 S. C. 454 (1931). 
matters of public record, a city is not es- 

62 



§ 1-661 Administration of the Government § 1-664 

Article 2. 
Protection of Sinking Funds. 

§ 1-661. Investment of sinking funds of political subdivisions of the State; 
change. 

The custodian of any sinking fund required to be established by the laws of 
this State for the retirement at maturity of bonds, notes or other obligations 
issued by any political subdivision of the State not maturing within one year 
from the date of issue shall invest, within six months from the collection of the 
tax levied for the establishment of such sinking fund, the funds so collected 
in bonds of the issue for which the sinking fund is created, in other outstand- 
ing issues of such political subdivision or in valid outstanding bonds of some 
other political subdivision of this State or in bonds of this State or the 
United States of America, with the privilege of changing the investments 
from such bonds to other such bonds of any such class, if in the opinion of 
the custodian of such sinking fund such change is necessary or advisable. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-662. When collections need not be invested. 

When such collection for a sinking fund is to be applied to the payment of 
bonds maturing within twelve months from the date of such collection, then 
such collection to the amount of the bonds so about to mature, need not be 
invested. And such investments need not be made unless the amount on hand 
for investment shall amount to one thousand dollars, it being the intention of 
this section and § 1-661 that whenever the amount of any sinking fund col- 
lected shall be one thousand dollars or more the investment of one thousand 
dollars or any multiple thereof on hand shall then be made. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-663. Deposit of fund. 

The custodian of any sinking fund affected by § 1-661 may deposit collec- 
tions for such sinking fund in any bank approved by the Chief Bank Examiner. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-664. Holding of such investments. 

Such investments shall be kept separate and distinct and properly earmarked 
with or registered in the name of the particular sinking fund to which they are 
applicable and shall be used for no other purpose and kept until such time be- 
fore the maturity of the bonds for which the sinking fund is established as it 
may be necessary to sell or collect the same in order to meet such obligations at 
maturity. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

63 



§ 1-665 Code of Laws of South Carolina § 1-669 

§ 1-665. Advertisements for purchase of securities. 

In making such investment of sinking funds in securities other than those of 
the county in which such sinking fund was created the custodian shall adver- 
tise once a week for two weeks in one newspaper published in the county in 
which such a sinking fund is established or in a newspaper having a general 
circulation in such county for offers of sale of bonds of the issue for which the 
sinking fund is established and of bonds of political subdivisions of this State, 
with the right to reject any and all offers. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-666. Same ; local exception for Spartanburg County. 

Custodians of sinking funds of Spartanburg County or any political subdivi- 
sion therein may invest such funds in federal savings and loan association 
shares without complying with § 1-665. No such investment shall exceed the 
amount insured by the federal authorities. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-667. Choice of investments. 

If bonds of the issue for which the sinking fund is established are offered 

at a price not in excess of par and accrued interest or at a price not in excess 

of the lowest price at which the bonds of any other political subdivision of this 

State are offered, then the sinking fund shall be invested in such bonds. 

Otherwise it shall be invested in such other bonds as are offered at the lowest 

price, due regard being had, however, to the legality of such issue and the 

solvency of the maker or, in the discretion of the custodian, in bonds of the 

United States of America or of this State. In the purchase of bonds the 

custodian shall, if possible, purchase bonds with maturities coincident, or as 

nearly as possible coincident, with the maturities of the bonds for which the 

sinking fund was established. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-668. Sale of bonds in sinking fund. 

No sale of bonds bought by the custodian for the investment of the sinking 

fund shall be made except after advertisement of such proposed sale for the 

same length of time and in the same manner and in the same newspapers as is 

provided in § 1-665 for the purchasing of bonds. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-669. Statements to be filed. 

When bonds are bought or sold as provided under the terms of this article, 
the custodian of the sinking fund effecting the purchase or sale shall file in the 
office of the clerk of court of the county in which the sinking fund is situate, 
for public inspection, a list of the bonds offered to him for purchase, showing 
the amount, price and interest rate of same and designating therein the bonds 

64 



§ 1-670 Administration of the Government § 1-632 

actually purchased, and in the event of the sale of bonds, shall file a statement 

showing all offers received for the purchase of the bonds, designating thereon 

the offer which was accepted. Such statements filed in the office of the clerk 

of court may be destroyed by the clerk one year thereafter. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95, 132; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-670. Failure to make such investments a misdemeanor. 

The failure of the custodian of any such sinking fund to make such invest- 
ments in accordance with the provisions of this article shall be a misdemeanor, 
and upon conviction thereof he shall be liable to a fine of not less than one hun- 
dred dollars nor more than one thousand dollars or imprisonment for not less 
than thirty days nor more than one year or both. 

1942 Code § 3884; 1932 Code § 3884; 1925 (34) 2S9; 1928 (35) 1167; 1931 (37) 95, 1932; 
1932 (37) 1352, 1363; 1935 (39) 432. 

§ 1-671. Provisions not applicable to certain counties. 

The provisions of this article shall not apply to Abbeville, Anderson, Beaufort, 

Cherokee, Chester, Chesterfield, Clarendon, Colleton, Darlington, Edgefield, George- 

tozvn, Greenville, Greenwood, Horry, Jasper, Kershaw, Laurens, Lee, Lexington, 

McCormick, Marion, Newberry, Oconee, Orangeburg, Richland, Saluda, Union, 

Williamsburg and York Counties. The investment of any sinking funds of Pickens 

County, under the provisions of this article, shall be optional with the custodian 

of such funds, and any investment thereof by such custodian shall be first approved 

by the attorney for said county of Pickens. 

1942 Code §3884; 1932 Code §3884; 1925 (34) 289; 1928 (35) 1167; 1931 (37) 95; 
1932 (37) 1352, 1363; 1935 (39) 432. 



Article 3. 

Refunding Act. 

§ 1-681. Short title of article. 

This article may be cited as the "Refunding Act." 
1951 (47) 755. 

§ 1-682. Definitions. 

(1) The word "issuer," as used in this article, shall mean any incorporated 
city or town, school district, county, or other political division or subdivision 
of the State which shall have outstanding and unpaid, whether matured or 
unmatured, bonds for whose payment the full faith, credit, taxing power and 
resources of such political division or subdivision have been pledged, whether 
or not such general obligation bonds be additionally secured by pledge of 
other revenues. 

(2) The term "governing body" shall mean, in the case of incorporated cities 
or towns, the city council or town council and in other instances the commis- 

[lSCCode]— 5 65 



§ 1-683 Code of Laws of South Carolina § 1-688 

sion, group, board or body to whom is delegated the administrative duties of 
the issuer. 
1951 (47) 755. 

§ 1-683. Purpose of article. 

This article is intended to authorize and provide the procedure for the is- 
suance of general obligation bonds whose proceeds are to be used to pay, in 
whole or in part, sums due on general obligation bonds previously issued. 

1951 (47) 755. 

§ 1-684. Extent to which refunding bonds may be issued. 

The governing body of any issuer may issue general obligation bonds of 
such issuer to such extent as such issuer shall be indebted by way of principal, 
interest and redemption premium upon any outstanding general obligation 
bonds, maturing or called for redemption, less all sinking funds and other 
moneys on hand applicable thereto. 

1951 (47) 755. 

§ 1-685. When such bonds may be issued. 

Such refunding bonds may be issued at any time, but not sooner than one 
year from the date the outstanding bonds fall due or have been called for 
redemption. 

1951 (47) 755. 

§ 1-686. Interest rate. 

Such refunding bonds shall bear interest at such rates as may be determined 
by the governing body of the issuer, except that bonds, issued to refund 
bonds called for redemption, shall not bear interest at rates in excess of those 
borne by the bonds for whose redemption the refunding bonds shall be issued. 

1951 (47) 755. 

§ 1-687. Maturities. 

Such refunding bonds shall mature in such annual series or installments, 
equal or unequal in amount, as the governing body shall provide, except that : 

(1) The first maturing bonds shall mature within five years from the date 
as of which they are issued ; 

(2) Not less than two per cent of the aggregate of the issue shall mature in 
any year ; and 

(3) No bonds shall mature later than forty years from the date as of which 
they are issued. 

1951 (47) 755. 

§ 1-688. Redemption privilege. 

All refunding bonds maturing subsequent to fifteen years from their date 
shall be subject to redemption not later than fifteen years from their date 
and on all subsequent interest payment dates prior to their respective ma- 
turities. Bonds may be issued with a provision permitting their redemption 

66 [ISC Code] 



§ 1-689 Administration of the Government § 1-693 

on any interest payment date prior to their respective maturities. Bonds made 
subject to redemption prior to their stated maturities may contain a provi- 
sion requiring the issuer to pay a premium for the privilege of exercising the 
right of redemption in such amount as the governing body shall have pre- 
scribed in the proceedings taken to authorize the issuance of such bonds. All 
bonds that are subject to redemption shall contain a statement to that effect 
on the face of each bond. In the proceedings authorizing the issuance of such 
bonds provision shall be made specifying the manner of call and the notice 
thereof that must be given. 
1951 (47) 755. 

§ 1-689. Negotiability ; registration. 

All such refunding bonds shall be in the form of negotiable coupon bonds, 
payable to bearer, but may contain provisions granting to the holder the priv- 
ilege of having them registered on the books of the treasurer of the issuer and 
the principal thus made payable to the registered holder (unless the last regis- 
tered transfer shall have been to bearer) upon such conditions as the governing 
body may prescribe. Unless registered such bonds shall have all the qualities 
of negotiable instruments under the law merchant and the negotiable instru- 
ments law. 

1951 (47) 755. 

§ 1-690. Place of payment. 

Such refunding bonds shall be made payable at such place or places, within 
or without the State as the governing body shall provide. 

1951 (47) 755. 

§ 1-691. Execution of bonds. 

Such refunding bonds and the coupons annexed thereto shall be executed 
in the manner provided for by the governing body. 

1951 (47) 755. 

§ 1-692. Sale of such bonds. 

Such refunding bonds shall be sold at public sale, after advertisement of 
sale in a newspaper having general circulation in the State or in a financial 
publication published in the city of New York or, in the discretion of the 
governing body, in both such publications. Such advertisement shall appear 
not less than ten days prior to the occasion set for such sale. The bonds may 
be disposed of at private sale if there are no bids received or if all bids are 
rejected. The provisions of this section shall not prevent a private sale to 
the United States of America or any agency thereof. 

1951 (47) 755. 

§ 1-693. Sales price. 

All refunding bonds must be sold at a price of not less than par and accrued 
interest to the date of delivery thereof. 

1951 (47) 755. 

67 



§ 1-694 Code of Laws of South Carolina § 1-699 

§ 1-694. Pledges and covenants to ensure payment. 

For the payment of the principal and interest of such bonds as they re- 
spectively mature and for the creation of such sinking fund as may be neces- 
sary to provide for the prompt payment thereof, the full faith, credit, taxing 
power and resources of the issuer shall be irrevocably pledged and there shall 
be levied and collected annually upon all taxable property of the issuer an ad 
valorem tax, without limitation as to rate or amount, sufficient for such pur- 
poses. The governing body of the issuer may, in its discretion, additionally 
secure the refunding bonds by a pledge of such revenues as were pledged 
to secure additionally the outstanding bonds. If such refunding bonds be 
additionally secured, covenants similar to those made in issuing the outstand- 
ing bonds may be made. 

1951 (47) 755. 

§ 1-695. Exemption from taxes. 

Refunding bonds issued under this article shall be exempt from all State, 
count}% municipal, school district and other taxes or assessments, direct or in- 
direct, general or special, whether imposed for the purpose of general revenue 
or otherwise. 

1951 (47) 755. 

§ 1-696. Bonds to be legal for fiduciary investment. 

All executors, administrators, guardians, committees and fiduciaries and 
all sinking fund commissions may invest moneys in their hands in bonds is- 
sued under this article. 

1951 (47) 755. 

§ 1-697. Use of bonds to pay taxes. 

The governing body of the issuer may provide in the proceedings taken in 
connection with the issuance of refunding bonds that either the bonds or the 
coupons shall be receivable for taxes due to the issuer during the year in 
which they respectively mature. 

1951 (47) 755. 

§ 1-698. Holder may require levying of taxes and enforce covenants. 

In the event the governing body shall fail to levy the taxes required to be 
levied or to perform the covenants undertaken in the issuance of the bonds, 
any holder of any of the bonds or coupons may require the levy of taxes and 
enforce the performance of the covenants by mandamus in any of the courts of 
this State. 

1951 (47) 755. 

§ 1-699. Deposit and use of proceeds. 

The proceeds derived from the sale of any such bonds shall be deposited 
in a special fund, separate and distinct from all other funds, and applied solely 
to the purposes for which the bonds are issued, except that the premium, if 
any, shall be placed in the sinking fund established by § 1-694 and the accrued 

68 



§ 1-699 



Administration of the Government 



§ 1-699 



interest, if any, shall be used to discharge in part the first interest to become 
due on such bonds. 
1951 (47) 7S5. 



CHAPTER 12. 
State Finances.* 



Sec. 
1-701. 

1-702. 

1-703. 
1-704. 
1-705. 
1-706. 
1-707. 



■708. 
709. 



1-721. 

1-722. 
1-723. 
1-724. 

1-725. 

1-726. 
1-727. 

1-728. 
1-729. 

1-730. 



1-731. 



Article 1. 
General Provisions. 



Money to be spent only for purposes 

specified. 
Disbursing officers exceeding or 

transferring appropriations. 
Blank. 

Statement to General Assembly. 
Accounts itemized and verified. 
Blank. 
Reports of evidences of indebtedness 

to State. 
Failure to remit funds. 
Fiscal year starts July 1 and ends 

June 30. 

Article 2. 
Budget System. 

State Budget and Control Board; 
assistants; Tax Commission. 

Information to be secured by Board. 

Annual estimates. 

Statements from Comptroller Gen- 
eral. 

Comptroller General to furnish esti- 
mate of needs of State. 

Public hearings on estimates. 

Budgets submitted to General As- 
sembly. 

Statements to accompany budget. 

Joint open meetings of appropriation 
committees. 

General Assembly may amend budget 
bill; appropriation bill to be item- 
ized. 

Expenses of certain members of the 
General Assembly. 



Article 3. 

Deposit of State Funds. 

1-741. Vault for State Treasurer. 

1-742. Deposit of State funds in banks. 

1-743. General deposit account. 



Sec. 

1-744. Indemnity bond required. 

1-745. Collateral as security. 

1-746. Reports from banks to Treasurer. 

1-747. Banks to report deposits monthly to 
Comptroller General. 

1-748. Failure to report. 

1-749. Intermingling official funds with 
private funds prohibited. 

1-750. State departments, etc., not to deposit 
moneys in banks; exception for re- 
volving funds. 

1-751. How State funds deposited; excep- 
tion for county treasurers. 

1-752. Deposit slips. 

Article 4. 
Indebtedness Generally. 

1-761. Certificates of indebtedness and cer- 
tain checks cannot be issued. 

1-762. Debt in excess of appropriation pro- 
hibited. 

1-763. No borrowing except by State Bud- 
get and Control Board. 

1-764. Blank. 

1-765. Budget and Control Board may bor- 
row from departments of State 
government. 

1-766. Interest on such loans. 

1-767. Evidences of such indebtedness. 

1-768. Borrowing in open market if neces- 
sary to repay such loans. 

1-769. Blank. 

1-770. Borrowing to pay operating expenses 
of the State. 

1-771. Borrowing to maintain balance in 
general deposit account. 

1-772. Borrowing to maintain general fund; 
cash balance required. 

1-773. Issue of bonds, notes, etc., in small 
denominations. 

1-774. Maturities; form; payment of such 
bonds, etc. 

1-775. Expenses of such issue. 

1-776. Statement of indebtedness in Comp- 
troller's report. 



As to prohibition against issuance of bills of credit as a circulating medium, see § 12-9. 

69 



§ 1-701 



Code of Laws of South Carolina 



§ 1-701 



Article 5. 
The Sinking Fund. 

Sec. 

1-791. State Budget and Control Board to 
manage. 

1-792. Handling of funds. 

1-793. Sales of property not in actual public 
use; exception. 

1-794. Lands grantable only for value. 

1-79S. How purchase price payable; dis- 
position. 

1-796. Use of proceeds of sales. 

1-797. Board may lend money on bonds of 
the State. 

1-798. May lend money on certain other 
terms. 

1-799. Applications for loans; proration 
when applications exceed fund. 

1-800. Rediscounting notes. 

1-801. Blank. 

1-802. Violation of § 1-798 by county treas- 
urers. 

1-803. Annual report. 

Article 6. 
Comptroller General. 

1-811. Bond. 

1-812. Salary, fees, etc 

1-813. Office hours. 

1-814. Assistance. 

1-815. Record of General Assembly appro- 
priations and contingent accounts. 

1-816. Report of county taxes. 

1-817. Report on all moneys due the State. 

1-818. Report of names of pensioners. 

1-819. Unappropriated Treasury funds. 

1-820. Duplicate books of Treasurer; report 
to General Assembly. 

1-821. Must superintend transfer of books 
and money by Treasurer to suc- 
cessor. 

1-822. Vouchers of State Treasurer. 

1-823. Payments by Treasurer on his war- 
rant. 

1-824. When warrants written off. 

1-825. Lost warrants; duplicates. 

1-826. Payments from State Treasury. 

1-826.1. Systems of bookkeeping in county 
offices and examination of books. 

1-827. Settlements with county treasurers. 

1-828. Measures against defaulting county 
treasurers. 

Arti 



Sec. 

1-829. Accounts of all persons distributing 

public money. 
1-830. When to pay county auditors. 

Article 7. 



State Treasurer. 

1-841. Salary and clerks. 

1-842. Bond. 

1-843. Office hours. 

1-844. Duplicate receipts. 

1-845. Duties as to defaulting county treas- 
urers. 

1-846. Charging county treasurer with in- 
terest. 

1-847. Report of names of defaulting county 
treasurers. 

1-848. Proceedings against such treasurers. 

1-849. Blank. 

1-850. Blank. 

1-851. Account in books for each appropria- 
tion. 

1-852. Blank. 

1-853. Blank. 

1-854. Writing off unpaid check two years 
old. 

1-855. Publication of quarterly statements. 

1-856. How State institutions must draw 
appropriations. 

1-857. Payment of appropriations to meet 
ordinary expenses. 

1-858. Salaries paid monthly. 

1-859. Moneys for erection of State College 
buildings. 

1-860. Blank. 

1-861. Mode of payment of appropriations 
when no direction given. 

1-862. Daily reports to Comptroller Gen- 
eral. 

1-863. Monthly report to Comptroller of 
cash transactions, etc. 

1-864. Fund for insurance and postage on 
securities in transit. 

Article 8. 
State Auditor. 

1-881. Selection; assistants. 

1-882. Examination of financial affairs of 

certain officers and institutions. 
1-883. Report. 

CLE 1. 



General Provisions. 

§ 1-701. Money to be spent only for purposes specified. 

It shall be unlawful for any moneys to be expended for any purpose or ac- 
tivity except that for which it is specifically appropriated and no transfer from 

70 



§ 1-702 Administration of the Government § 1-706 

one appropriation account to another shall be made unless such transfer be 
provided for in the annual appropriation act. 
1942 Code § 3143; 1932 Code § 3143; Civ. C. '22 § 839; 1921 (32) 114. 

§ 1-702. Disbursing officers exceeding or transferring appropriations. 

It shall be unlawful for any officer, clerk or other person charged with dis- 
bursements of State funds appropriated by the General Assembly to ex- 
ceed the amounts and purposes stated in such appropriations, or to change or 
shift appropriations from one item to another; provided, that transfers may be 
authorized by the General Assembly in the annual appropriation Act for the 
State. Any officer, clerk or other person violating the provisions of this sec- 
tion shall be deemed guilty of malfeasance in office and the Governor may, 
upon his attention being brought to the same, at once suspend such officer 
and shall investigate the conduct of the same. If found guilty, such person 
shall be suspended from office by the Governor and, in addition to such sus- 
pension, shall be guilty of a misdemeanor and, upon conviction thereof, shall 
be fined or imprisoned within the discretion of the court. 

1942 Code §§ 1S92, 3070; 1932 Code § 1592; Cr. C. '22 § 557; 1921 (32) 117. 

Cross reference. — See also § 1-54. For tion to the individual members of the High- 
similar provision as to county officers, see way Commission for they do not disburse 
§ 14-315. the funds of the Highway Commission ap- 

The "funds appropriated by the General propriated by the legislature, but they are 
Assembly" spoken of in this section are disbursed and paid by the State Treasurer 
within the definition of "public or trust upon the warrant of the Comptroller Gen- 
funds" spoken of in S. C. Const., Art. 4, eral, and can be paid in no other way. Da- 
§ 22. Dacus v. Johnston, 180 S. C. 329, 185 cus v. Johnston. 180 S. C. 329, 185 S. E. 
S. E. 491. 491. 

Section does not apply to individual mem- Indefinite suspension not permitted. — The 
bers of the Highway Commission. — In or- provisions of this section do not invest the 
der that one accused under this section shall Governor with power to suspend an offi- 
be found guilty, the essential requisite is cer and convict him upon his ex parte in- 
that such "officer, clerk or other person" vestigation and then suspend him indefinite- 
must be "charged with disbursements of ly. Dacus v. Johnston, 180 S. C. 329, 185 
funds appropriated by the General Assem- S. E. 491. 
bly"; therefore, this section has no applica- 

§ 1-703. Blank. 

§ 1-704. Statement to General Assembly. 

The amounts specified for the various officers of the State and for the various 
public purposes, other than for salaries and clerical services, shall be duly ac- 
counted for. A detailed statement thereof shall be made to the General As- 
sembly at its next ensuing session. 

1942 Code § 3191; 1932 Code § 3191; Civ. C. '22 § 887; Civ. C. '12 § 806; 1909 (26) 280. 

§ 1-705. Accounts itemized and verified. 
All accounts shall be itemized and verified. 
1942 Code § 3191; 1932 Code § 3191; Civ. C. '22 § 887; Civ. C. '12 § 806; 1909 (26) 280. 

§ 1-706. Blank. 

71 



§ 1-707 Code of Laws of South Carolina § 1-721 

§ 1-707. Reports of evidences of indebtedness to State. 

All public officers having in their possession the evidences of any debts due 

to the State shall, on the last day of December in every year, furnish the 

Comptroller General with a statement of all such debts, showing the names 

of the debtors, the amounts of the debts, the interest, the payments made and 

the balance due to the State. And in case of failure on the part of any public 

officer to furnish the Comptroller with the statement aforesaid he shall forfeit 

and pay the sum of two hundred dollars, to be recovered in any court having 

competent jurisdiction. 

1942 Code § 2121; 1932 Code § 2121; Civ. C. *22 § 82; Civ. C. *12 § 72; Civ. C. '02 § 69; 
G. S. 45; R. S. 66; (6) 108; 1896 (22) 204. 

§ 1-708. Failure to remit funds. 

Any State officer who neglects or fails to remit to the State Treasurer as 
required by law shall become responsible on his official bond for any loss the 
State may sustain by reason of such neglect or failure to remit. 

1942 Code §2200; 1932 Code §2200; 1925 (34) 273; 1926 (34) 1049. 

§ 1-709. Fiscal year starts July 1 and ends June 30. 

In accordance with the terms of Section 10, Article 10 of the Constitution of 
South Carolina, as amended, the fiscal year of the State shall begin on the first 
day of July and end on the thirtieth day of June each year. All officers or 
servants of the State who are required to perform any duty at a specific time 
contingent upon the beginning and ending of the fiscal year shall perform such 
duties at such a time as will conform to the fiscal year beginning July first and 
ending June thirtieth. Nothing herein contained shall be held to affect the 
date for the assessment, levying or collection of any tax now provided for by 
law nor to affect the submitting of reports to the General Assembly. All offi- 
cers or servants of the State shall keep their accounts and records in conformity 
with such fiscal year, opening them on the first day of July and closing them 
on the thirtieth day of June each year. 

1942 Code § 3081-1; 1933 (38) 218. 

Article 2. 
Budget System. 

§ 1-721. State Budget and Control Board; assistants; Tax Commission. 

The State Budget and Control Board shall employ competent budget assist- 
ants and such special help as it may require to carry out the provisions of 
this article. It shall fix the compensation of such persons as it shall employ 
in this connection and cause the same, together with their necessary travel- 
ing expenses, to be paid out of the civil contingent fund. It shall call upon 
the State Tax Commission for any information desired, and the State Tax Com- 
mission shall furnish such information and shall be present at all hearings be- 
fore the committees having charge of the appropriations in the Senate and 
House. 

1942 Code § 3222; 1932 Code § 3222; Civ. C. '22 § 918; 1919 (31) 187; 1950 (46) 3605. 

72 



§ 1-722 Administration of the Government § 1-725 

§ 1-722. Information to be secured by Board. 

On or before the first day of November in each year the State Budget and 
Control Board and its assistants shall complete a careful survey of all the 
departments, bureaus, divisions, officers, boards, commissions, institutions and 
other agencies and undertakings of the State, through which it shall be in pos- 
session of the working knowledge upon which to base its recommendations to 
the General Assembly. 

1942 Code § 3218; 1932 Code § 3218; Civ. C. '22 § 914; 1919 (31) 187; 1950 (46) 3605. 

§ 1-723. Annual estimates. 

On or before the first day of November, annually, each of the several State 
departments, bureaus, divisions, officers, commissions, institutions and other 
agencies and undertakings receiving or asking financial aid from the State shall 
report to the State Budget and Control Board, on official estimate blanks fur- 
nished for such purpose, an estimate in itemized form showing the amount 
needed for the year beginning with the first day of July thereafter. The 
official estimate blanks which must be used in making these reports shall be 
furnished by the Board, shall be uniform and shall clearly designate the kind of 
information to be given thereon. 

1942 Code § 3213; 1932 Code § 3213; Civ. C. '22 § 909; 1919 (31) 187; 1933 (38) 218; 1950 
(46) 3605. 

§ 1-724. Statements from Comptroller General. 

On or before the first day of each November the Comptroller General shall 
furnish to the State Budget and Control Board the following statements, classi- 
fied and itemized in strict accordance with the budget classifications adopted 
by the Board: 

(1) A statement showing the balance standing to the credit of the several 
appropriations for each department, bureau, division, officer, board, com- 
mission, institution or other agency or undertaking of the State at the end of 
the last preceding appropriation year; 

(2) A statement showing the monthly expenditures and revenues from each 
appropriation account and the total monthly expenditures and revenues from 
all the appropriation accounts, including special and other appropriations, in 
the twelve months of the last preceding appropriation year; 

(3) A statement showing the annual expenditures in each appropriation ac- 
count and the revenues from all sources, including expenditures and revenues 
from special and other appropriations, for each of the last two appropriation 
years, with a separate column showing the increase or decrease for each item ; 

(4) An itemized and complete financial balance sheet for the State at the 
close of the last preceding fiscal year ending June 30th; and 

(5) Such other statements as the Board shall request. 

1942 Code § 3215; 1932 Code § 3215; Civ. C. '22 § 911; 1919 (31) 187; 1933 (38) 218; 1950 
(46) 3605. 

§ 1-725. Comptroller General to furnish estimate of needs of State. 

On or before the first day of December, annually, the Comptroller General 
shall furnish to the State Budget and Control Board an estimate of the finan- 

73 



§ 1-726 Code of Laws of South Carolina § 1-728 

cial needs of the State, itemized in strict accordance with the budget classifica- 
tions adopted by the Board and certified and approved by the presiding officer 
of each house for each year beginning with the first day of July thereafter ; 
and he shall also furnish an estimate of the financial needs of the judiciary, 
as provided by law, itemized in strict accordance with the budget classi- 
fication adopted by the Board, for each year, beginning with the first day 
of July thereafter. The Comptroller General shall transmit to the Board 
with these estimates full and detailed explanations of all increases or de- 
creases. These estimates together with the accompanying explanations of 
increases and decreases shall be included in the budget by the Board with- 
out revisions, but with its recommendations thereon. 

1942 Code § 3214; 1932 Code § 3214; Civ. C. '22 § 910; 1919 (31) 187; 1933 (38) 218; 
1950 (46) 3605. 

§ 1-726. Public hearings on estimates. 

The State Budget and Control Board shall provide for public hearings on 
any and all estimates to be included in the budget which shall be held during 
the month of November in each year. 

The Board shall require the attendance at these hearings of the heads or 
responsible representatives of all State departments, bureaus, divisions, of- 
ficers, boards, commissions, institutions or other agencies or undertakings 
receiving or asking financial aid from the State. 

1942 Code § 3217; 1932 Code § 3217; Civ. C. '22 § 913; 1919 (31) 187; 1950 (46) 3605. 

§ 1-727. Budgets submitted to General Assembly. 

Within five days after the beginning of each regular session of the General 
Assembly the State Budget and Control Board shall submit to the presiding 
officer of each house printed copies of a budget, based on its own conclusions 
and judgments, containing a complete and itemized plan of all proposed ex- 
penditures for each State department, bureau, division, officer, board, commis- 
sion, institution or other agency or undertaking, classified by function, char- 
acter and object, and of estimated revenues and borrowings, for each year, 
beginning with the first day of July thereafter. Opposite each item of the pro- 
posed expenditures the budget shall show in separate parallel columns the 
amount appropriated for the last preceding appropriation year, for the current 
appropriation year and the increase or decrease. 

1942 Code § 3219; 1932 Code § 3219; Civ. C. '22 § 915; 1919 (31) 187; 1933 (38) 218; 
1950 (46) 3605. 

§ 1-728. Statements to accompany budget. 

The State Budget and Control Board shall accompany the budget with: 

(1) A statement of the revenues and expenditures for each of the two 
appropriation years next preceding, classified and itemized in accordance 
with the official budget classification adopted by the Board; 

(2) A statement of the current assets, liabilities, revenues and surplus or 
deficit of the State; 

(3) A statement of the debts and funds of the State; 

74 



§ 1-729 Administration of the Government § 1-741 

(4) A statement showing the Board's itemized estimates of the condition 
of the State Treasury as of the beginning and end of each year; 

(5) An itemized and complete financial balance sheet for the State at the 
close of the last preceding fiscal year ending June 30th ; and 

(6) A general survey of the State's financial and natural resources, with 

a review of the general economic, industrial and commercial condition of 

the State. 

1942 Code § 3219; 1932 Code § 3219; Civ. C. "22 § 91S; 1919 (31) 187; 1933 (38) 218; 
1950 (46) 3605. 

§ 1-729. Joint open meetings of appropriation committees. 

The standing committees of the House of Representatives and of the Senate 
in charge of appropriation measures shall sit jointly in open sessions while 
considering the budget and shall begin such joint meetings within five days 
after the budget has been submitted to the General Assembly by the State 
Budget and Control Board. This joint committee may cause the attendance 
of heads or responsible representatives of the departments, institutions and 
all other agencies of the State to furnish such information and answer such 
questions as the joint committee shall require and to these sessions shall be 
admitted, with the right to be heard, all persons interested in the estimates 
under consideration. The Board, or its representatives, and the Governor- 
elect shall have the right to sit at these public hearings and be heard on all 
matters coming before the joint committee. 

1942 Code § 3220; 1932 Code § 3220; Civ. C. '22 § 916; 1919 (31) 187; 1950 (46) 3605. 

§ 1-730. General Assembly may amend budget bill; Appropriation bill to be 
^— k«mrzeeTr~ 

The General Assembly may increase or decrease items in the budget 
bill as it may deem to be in the interest of greater economy and effi- 
ciency in the public service. 

1942 Code § 3221; 1932 Code § 3221; Civ. C. '22 § 917; 1919 (31) 187. 

§ 1-731. Expenses of certain members of the General Assembly. 

The chairman of the ways and means committee of the House of Representa- 
tives and the chairman of the finance committee of the Senate shall receive, 
in addition to their per diem, their actual traveling expenses, to be audited 
and approved by the Comptroller General. 

1942 Code §3217; 1932 Code §3217; Civ. C. '22 §913; 1919 (31) 187; 1951 (47) 506. 

Quoted in Scroggie v. Bates, 213 S. C. 
141, 48 S. E. (2d) 634 (1948). 

Article 3. 
Deposit of State Funds. 

§ 1-741. Vault for State Treasurer. 

The State Treasurer may have a safe in the vault of one of the banks in 
the State, designated by the State Budget and Control Board, or a majority 

75 



§ 1-742 Code of Laws of South Carolina § 1-745 

thereof, and, with the approval of the Board, may place and keep therein 
moneys belonging to the State. 

1942 Code § 2197; 1932 Code § 2197; 1925 (34) 273; 1948 (45) 1643. 

§ 1-742. Deposit of State funds in banks. 

To facilitate the disbursement of public moneys, the State Treasurer shall 

deposit in such bank or banks or trust companies in this State as shall be 

agreed upon by the State Budget and Control Board or a majority thereof, 

and as in its opinion shall be secure, all moneys belonging to the State, other 

than those he may keep in the safe in the vault of the designated bank, the 

moneys so deposited to be placed to the credit of the State Treasurer. Such 

deposits shall draw the best rate of interest obtainable. 

1942 Code §§ 2198, 3179; 1932 Code §§ 2198, 3179; Civ. C. '22 § 874; Civ. C. '12 § 792; 
Civ. C. '02 § 717; G. S. 574; R. S. 633; 1884 (18) 786; 1925 (34) 273; 1926 (34) 1049; 1950 
(46) 3605. 

§ 1-743. General deposit account. 

The State Treasurer, with the advice and approval of the State Budget 
and Control Board, shall keep in a general deposit account all moneys held by 
him for the account of all State funds which, in the opinion of the Board, may 
be properly consolidated. The Board shall designate the accounts which shall 
be so kept and the accounts which shall be carried as special deposits. The 
records of the State Treasurer and the Comptroller General shall, at all times, 
reflect the true cash balance of each fund comprising the general deposit ac- 
count. Properly authorized obligations of the respective State funds com- 
prising the general deposit account shall be paid therefrom, but no overdraft 
shall be permitted in any funds which will not be covered by the receipt of 
revenue or moneys belonging to such fund within a reasonable time. 

1947 (45) 97; 1950 (46) 3605. 

§ 1-744. Indemnity bond required. 

The State Budget and Control Board shall, upon the deposit of all State 
funds, exact as a condition prerequisite on the part of any bank, being made 
a State depository, either for checking accounts or savings accounts, an 
indemnity bond in some responsible surety company authorized to do busi- 
ness in this State in such amount as will protect the State against loss in the 
event of defalcation, insolvency or liquidation of such bank or for any other 
cause. 

1942 Code § 2199; 1932 Code § 2199; 1925 (34) 273; 1950 (46) 3605. 

§ 1-745. Collateral as security. 

Any such depository may furnish, instead of such surety bond in an ap- 
proved surety company, as security for such deposit or deposits, United States 
government bonds, Federal Land Bank bonds, Joint Stock Land Bank bonds 
or bonds or other obligations of this State or any political subdivision thereof. 
Such collateral security shall be filed with the proper officers within one week 
after deposit shall be made, or at the time of deposit, if required. 

1942 Code § 2200; 1932 Code § 2200; 1925 (34) 273; 1926 (34) 1049. 

76 



§ 1-746 Administration of the Government § 1-750 

§ 1-746. Reports from banks to Treasurer. 

Banks having deposits made by the State Treasurer shall file a report with 
the Treasurer on the first day of each calendar month on forms furnished by 
the Comptroller General. 

1942 Code § 2201; 1932 Code § 2201; 192S (34) 273. 

§ 1-747. Banks to report deposits monthly to Comptroller General. 

Banks having on deposit funds of the State shall transmit monthly to the 

Comptroller General a copy of the report made to the State Treasurer under 

the provisions of § 1-746. 

1942 Code § 3182; 1932 Code § 3182; Civ. C. '22 § 877; Civ. C. '12 § 795; Civ. C. '02 § 718; 
G. S. 575; R. S. 634; 1868 (14) 15; 1950 (46) 2054. 

§ 1-748. Failure to report. 

In case any depository shall fail to render such statement at the time 
specified, without good cause shown, the State Treasurer shall at once with- 
draw all State deposits from such depository and close its account. 

1942 Code § 2202; 1932 Code § 2202; 1925 (.34) 273. 

§ 1-749. Intermingling official funds with private funds prohibited. 

It shall be unlawful for any State official to deposit public or trust funds 
with individual or private funds in any bank or other depository in this State, 
and for any such officer to withdraw any such public or trust funds or any 
part thereof, for any purpose other than that for which it was received and 
deposited. Any State official violating this provision of law shall be sub- 
ject to a fine or imprisonment at the discretion of the court and in addition 
shall be subject to removal from office for malfeasance in office. This section 
is intended to require all State officers to carry a State fund not required to 
be deposited by them in the State Treasury under the provisions of § 1-750 in 
a separate account to be known as public or trust funds without allowing any 
private funds to be deposited with same. 

1942 Code § 3184; 1932 Code § 3184; 1930 (36) 1250. 

§1-750. State departments, etc., not to deposit moneys in banks; exception 
for revolving funds. 
No State officer or employee, on behalf of any State department, board, 
bureau, commission or other State agency, shall deposit with any bank, trust 
company, institution, building and loan association or individual any funds 
belonging to the State whether the same be represented by checks, drafts, 
bills, currencies or other forms of exchange. But in the discretion of the State 
Treasurer each department or institution may carry with some bank or bank- 
ing company an account in the name of such department or institution, as a 
revolving fund, from which the State Treasurer shall be reimbursed for bad 
checks. The amount of and necessity for such revolving funds shall be de- 
termined by the State Treasurer. The provisions of this section shall not 
apply to fees or other revenues collected by any State institution which are 
not required by law to be remitted to the State Treasurer. 

77 



§ 1-751 Code of Laws of South Carolina § 1-761 

1942 Code § 3188; 1932 Code § 3188; Civ. C. '22 §§ 882, 883, 884; 1921 (32) 114; 1930 (36) 
1361. 

§ 1-751. How State funds deposited; exception for county treasurers. 

All State departments, boards, bureaus, commissions or other State agencies 

charged with the collection of any taxes, licenses, fees, interest or any income 

to the State shall, with ordinary business promptness, deposit the same when 

collected with or to the credit of the State Treasurer, either at his office in the 

State Capitol or in such bank or banking institution within the State as shall 

be designated by the State Treasurer; provided, that this section and § 1-750 

shall not apply to the collection of State taxes by county treasurers, who shall 

collect and remit as required by the Comptroller General. 

1942 Code § 3188; 1932 Code § 3188; Civ. C. '22 §§ 882, 883, 884; 1921 (32) 114; 1930 (36) 
1361. 

§ 1-752. Deposit slips. 

The State Treasurer shall designate a form of deposit slip to be used by 

each department and institution in making deposits, and each department and 

institution shall provide a sufficient amount of such deposit slips for its use 

and strictly adhere to the systems prescribed by the State Treasurer in the 

handling of State funds. 

1942 Code § 3188; 1932 Code § 3188; Civ. C. '22 §§ 882, 883, 884; 1921 (32) 114; 1930 (36) 
1361. 

Article 4. 
Indebtedness Generally. 

§ 1-761. Certificates of indebtedness and certain checks cannot be issued. 

It shall be unlawful for any State officer to issue any certificate of 

indebtedness. Nor shall it be lawful for any State officer to draw a warrant 

or check for any public debt except upon money then actually to his credit 

in that account in the hands of some bank or public officer. 

1942 Code § 3076; 1932 Code § 3076; Civ. C. '22 § 763; Civ. C. '12 § 679; Civ. C. '02 § 609; 
G. S. 462; R. S. 527; 1877 (16) 364. 

Taxes of current year cannot be applied salary amounts to an appropriation. — In a 
to debts contracted in previous years. — This proceeding in mandamus by the county 
section prohibits county supervisors, com- treasurer to require the county supervisor 
missioners, etc., from applying funds aris- and the county board of commissioners to 
ing from taxes for the current year to pay- issue him a salary warrant for the unpaid 
ment of an indebtedness created in any pre- balance of his salary, the court rejected the 
vious fiscal year. State v. Goodwin, 81 S. C. interposed defense that all funds in the 
419, 62 S. E. 1100. hands of the county treasurer had been ap- 
Nor can taxes of ensuing year be antici- propriated for certain purposes other than 
pated in payment of existing debts. — A the payment of petitioner's claim and to pay 
school certificate drawn in one fiscal year said claim would be in violation of this see- 
on funds of an ensuing year is void as a tion, by holding that a permanent continu- 
certificate of indebtedness. Loan, etc., ing statute fixing the salary of a public of- 
Bank v. Shealey, 62 S. C. 337, 40 S. E. 674; ficer amounts to an appropriation, and it is 
State v. Goodwin, 81 S. C. 419, 62 S. E. the obvious ministerial duty of the proper 
1100. officers to pay the salary. Smith v. Ash- 
But permanent continuing statute fixing more, 184 S. C. 316, 192 S. E. 565. 

78 



§ 1-762 Administration of the Government § 1-767 

§ 1-762. Debt in excess of appropriation prohibited. 

It shall be unlawful for any department, institution, commis'sion or board 
of the State government or officer or agent of the State government author- 
ized to make contracts or draw appropriations to contract indebtedness in ex- 
cess of the amount specifically provided in the annual appropriation Act. 

1942 Code §§ 2083, 3191; 1932 Code §§ 2083, 3191; Civ. C. '22 §§ 45, 887; Civ. C. '12 § 806; 
1909 (26) 280; 1921 (32) 114. 

§ 1-763. No borrowing except by State Budget and Control Board. 

It shall be unlawful for any officer or employee or departmental or institu- 
tional head, except the State Budget and Control Board, to borrow any money 
for State purposes. 

1942 Code § 2083; 1932 Code § 2083; Civ. C. '22 § 45; 1921 (32) 114; 1950 (46) 3605. 

§ 1-764. Blank. 

§ 1-765. Budget and Control Board may borrow from departments of State 
government. 
For the purpose of facilitating the business of the State and in the interest 
of economy, the State Budget and Control Board may in its discretion borrow 
from any department of the State government, with the written consent of 
such department, for the use of the State any surplus which may be on hand 
in the office of the State Treasurer to the credit of any such department; 
provided, however, 

(1) That no money shall be borrowed from any department of the State gov- 
ernments for the general appropriation Act without first obtaining from the At- 
torney General an opinion holding in effect that the revenues of the State 
when collected will be sufficient to repay such loan; 

(2) That nothing herein shall be construed as authority to confuse or consoli- 
date any of the accounts that are now carried on the books and records in the office 
of the Comptroller General and State Treasurer and all expenditures shall be 
charged against the separate accounts as now provided in the office of the Comp- 
troller General and State Treasurer; and 

(3) That the authorization contained in this section shall not apply to sinking 
funds. 

1942 Code § 2203; 1932 Code § 2203; 1930 (36) 1343; 1950 (46) 3605. 

§ 1-766. Interest on such loans. 

If the State Budget and Control Board should exercise such power, any 
such loan shall be negotiated at a rate of interest equivalent to that paid to 
the State by banks in which such funds are deposited. 

1942 Code § 2203; 1932 Code § 2203; 1930 (36) 1343; 1950 (46) 3605. 

§ 1-767. Evidences of such indebtedness. 

The State Budget and Control Board shall, upon making any loan under 
§ 1-765, execute and deliver call promissory notes or other call evidences of in- 
debtedness to the State Treasurer, which shall draw interest, from date until 

79 



§ 1-768 Code of Laws of South Carolina § 1-771 

paid. Such interest shall accrue to the benefit of the department whose 
money may 13e used in making such loan to the State. Such call notes or call 
evidences of indebtedness shall run until the department whose funds have 
been used shall call for the payment of such notes or evidences of indebted- 
ness, but in no event longer than such period as the Board may decide. 
1942 Code § 2203; 1932 Code § 2203; 1930 (36) 1343; 1950 (46) 3605. 

§ 1-768. Borrowing in open market if necessary to repay such loans. 

If the department whose funds have been so used under the provisions of § 1- 
765 should call for the payment of the same before the revenue of the State gov- 
ernment is such as to pay the same, the State Budget and Control Board 
shall proceed to borrow in the name of the State in the open money markets 
sufficient moneys to repay such notes and to provide for the running ex- 
penses of the State government. 

1942 Code § 2203; 1932 Code § 2203; 1930 (36) 1343; 1950 (46) 3605. 

§ 1-769. Blank. 

§ 1-770. Borrowing to pay operating expenses of the State. 

In anticipation of the receipt of the taxes and other income of the State for 
any fiscal year, applicable to the payment of the expenses of the ordinary and 
current business of the State, the State Budget and Control Board may borrow 
on the credit of the State, at a rate of interest not exceeding the legal rate, so 
much money as the Board deems necessary to finance the ordinary and cur- 
rent business of the State for such fiscal year or to repay any money borrowed 
for such purposes with interest thereon. The Board may issue and sell notes 
or other obligations of the State for the money hereby authorized to be bor- 
rowed. The total amount of indebtedness, at any one time outstanding, in- 
curred to finance the ordinary and current business of the State for the then 
current fiscal year, shall not exceed seventy-five per cent of the State's esti- 
mated current income from the receipt of taxes and other revenue applicable 
to the payment of the expenses of the ordinary and current business of the 
State for such fiscal year and the amount of taxes and other revenue owing 
and due to the State but unpaid for the fiscal year next preceding. Out of 
the moneys borrowed under the provisions of this section the State Treasurer 
may pay any borrowings for or claims against the current and ordinary 
business of the State for the fiscal year next preceding to the end that no defi- 
cit may be ever created in the general funds of the State. 

1942 Code § 2206-1; 1932 (37) 1220; 1950 (46) 3605. 

§ 1-771. Borrowing to maintain balance in general deposit account. 

The State Treasurer shall at all times maintain a sufficient cash reserve in the 
general deposit account to finance properly the activities supported by the re- 
spective funds comprising the general deposit account and to this end the State 
Budget and Control Board may borrow, from time to time, such amounts as are 
necessary. To the end that such borrowing may be kept at a minimum each 
department and institution may be required to give to the State Treasurer a 

80 



§ 1-772 Administration of the Government § 1-776 

quarterly anticipation of its expenditures, itemized according to budget 
classifications, by months. 
1947 (45) 97; 1950 (46) 3605. 

§ 1-772. Borrowing to maintain general fund; cash balance required. 

The State Budget and Control Board shall, when necessary, borrow as other- 
wise provided by law a sufficient sum or sums of money to provide for the pay- 
ment of all demands upon the State Treasury, to the end that the general 
fund herein authorized shall at no time become exhausted, and the Board shall 
maintain at all times a cash balance sufficient in its judgment to meet the re- 
quirements of § 1-768 and this section. 

1942 Code § 2204; 1932 Code § 2204; 1930 (36) 1343; 1950 (46) 3605. 

§ 1-773. Issue of bonds, notes, etc., in small denominations. 

The State Budget and Control Board and any other officers of the State au- 
thorized by law to issue or sell obligations of the State may, when in need of 
credit by loans of cash, offer to the investing public by and through such adver- 
tisement as may be deemed proper, in small denominations, bonds, notes, cer- 
tificates of indebtedness or other obligations of the State, upon such terms and 
at such rates of interest as such Board or officers may determine, not to exceed 
the legal rate, and payable at such intervals as such Board or officers 
may deem proper. But no such obligations shall be sold for less than par 
and accrued interest to date of delivery. 

1942 Code § 2207; 1932 (37) 1545; 1950 (46) 3605. 

§ 1-774. Maturities; form; payment of such bonds, etc. 

The maturities, form, place, medium and mode of payment of obligations 
issued pursuant to § 1-773 shall be determined by the State Budget and Control 
Board or the officers authorized to issue the same to the end that such obliga- 
tions may be sold to the best advantage of the State. 

1942 Code § 2207; 1932 (37) 1545. 

§ 1-775. Expenses of such issue. 

All proper expenses incurred in the negotiation or sale of any such obliga- 
tions may be paid by the State Budget and Control Board or other officers of 
the State from the proceeds of such sale ; provided, however, that the total 
amount of such expense shall never exceed one-half of one per cent of the 
principal of such notes or other obligations. 

1942 Code § 2207; 1932 (37) 1545. 

§ 1-776. Statement of indebtedness in Comptroller's report. 

The Comptroller General shall, as a part of his annual report, give the 
amount of the bonded indebtedness of the State. 

1942 Code § 7340; 1932 Code § 7340; 1927 (35) 260. 



[ISC Code]— 6 81 



§ 1-791 Code of Laws of South Carolina § 1-794 

Article 5. 
The Sinking Fund. 

§ 1-791. State Budget and Control Board to manage. 

The State Budget and Control Board shall receive and manage the incomes 

and revenues set apart and applied to the sinking fund of the State. 

1942 Code § 2138; 1932 Code § 2138; Civ. C. '22 § 99; Civ. C. '12 § 94; Civ. C. '02 § 90; 
G. S. 62; R. S. 84; 1870 (14) 388; 1883 (18) 380; 1950 (46) 3605. 

Cross reference. — See note to § 1-205. 

§ 1-792. Handling of funds. 

. All moneys arising from the redemption of lands, leases and sales of property 

or otherwise coming to the State Budget and Control Board for the Sinking 

Fund, shall be paid into the State Treasury and shall be kept on a separate 

account by the Treasurer as a fund to be drawn upon the warrants of the 

Board for the exclusive uses and purposes which have been or shall be declared 

in relation to the Sinking Fund. 

1942 Code § 2138; 1932 Code § 2138; Civ. C. '22 § 99; Civ. C. '12 § 94; Civ. C. '02 § 90; 
G. S. 62; R. S. 84; 1870 (14) 388; 1883 (18) 3S0; 1950 (46) 3605. 

Cross reference.— See note to § 1-205. 

§ 1-793. Sales of property not in actual public use; exception. 

The State Budget and Control Board shall sell and convey, for and on be- 
half of the State, all such real or personal property, assets and effects belonging 
to the State as are not in actual public use and all such lands sold under ex- 
ecution for delinquent taxes as have been purchased for and conveyed and 
delivered to it pursuant to the provisions of § 65-2771, such sales to be made 
from time to time in such manner 'and upon such terms as it may deem most 
advantageous to the State. This shall not be construed to authorize the 
sale by the Board of any property held in trust for a specific purpose by the 
State or the property of the State in the phosphate rocks or phosphatic de- 
posits in the beds of the navigable streams and waters and marshes of the 
State. 

1942 Code § 2139; 1932 Code § 2139; Civ. C. '22 § 100; Civ. C. '12 § 95; Civ. C. '02 § 91; 
G. S. 63; R. S. 85; 1878 (16) 558, 811; 1887 (19) 863; 1892 (21) 87; 1950 (46) 3605. 

Cross reference.— See note to § 1-205. Land held for State University not to be 

Duty of Board. — This section makes it sold. — This section which declares that it 

the duty of the Board to sell and convey, shall not be construed to authorize the sale 

for and in behalf of the State, all such real by the commissioners of any property held 

and personal property of the State as is not in trust for a specific purpose by the State. 

in actual public use, the sales to be made does not authorize the Board to convey 

upon such terms as they may deem most lands held by the State for the use of the 

advantageous to the State. Tindal v. Wes- State University. Trustees of University v. 

ley, 167 U. S. 204, 17 S. Ct. 770, 42 L. Ed. Columbia, 108 S. C. 244, 93 S. E. 934. 
137. 

§ 1-794. Lands grantable only for value. 

No grant of vacant lands shall be issued except to actual purchasers thereof 
for value. 

82 [ » SC Code] 



§ 1-795 Administration of the Government § 1-798 

1942 Code § 2137; 1932 Code § 2137; Civ. C. '22 § 98; Civ. C. '12 § 93; Civ. C. '02 § 89; 
G. S. 61 ;R. S. 83; 1878 (16) 559. 

Cross reference.— See §§ 1-205, 1-354. 

§ 1-795. How purchase price payable; disposition. 

The purchase money of lands or other property sold under the authority of 

§ 1-793 shall be paid in the following kinds of funds, and no other, to wit: gold 

and silver coin and United States currency. The proceeds of all such sales 

shall be set aside and awarded to the sinking fund of the State. 

1942 Code § 2139; 1932 Code § 2139; Civ. C. '22 § 100; Civ. C. '12 § 95; Civ. C. '02 § 91; 
G. S. 63; R. S. 85; 1878 (16) 558, 811; 1887 (19) 863; 1892 (21) 87. 

Cross reference. — See note to § 1-205. 

§ 1-796. Use of proceeds of sales. 

All the revenues derived from such sales shall be applied to the extinguish- 
ment of the public debt, by investing the same in the public securities of the 
State. 

1942 Code § 2140; 1932 Code §§ 2132, 2140; Civ. C. '22 §§ 93, 101; Civ. C. '12 §§ 88, 96; 
Civ. C. '02 §§ 84, 92; G. S. 57, 64; R. S. 78, 86; 1870 (14) 388; 1884 (18) 864. 

§ 1-797. Board may lend money on bonds of the State. 

The State Budget and Control Board may, when unable to purchase valid 
bonds of this State at par, lend the Sinking Fund at such rate of interest as 
may be agreed upon between it and the borrower, not less than four and 
one-half per cent per annum, on the security of such bonds, sufficient to cover 
the loan and interest at the par value of the bonds. The bonds shall be deposit- 
ed with the State Treasurer as security for the loan and as collateral to the per- 
sonal obligation of the borrower, to be taken by the Board, showing the terms 
and maturity of the loan. 

1942 Code § 2141; 1932 Code § 2141; Civ. C. '22 § 102; Civ. C. '12 § 97; Civ. C. '02 § 93; 
1896 (22) 184; 1950 (46) 3605. 

§ 1-798. May lend money on certain other terms. 

The State Budget and Control Board may, when in their judgment the valid 
bonds of the State are not offered or attainable at a reasonable price, lend the 
money of the Sinking Fund, both accumulated and ordinary, for a period of 
one or more years at a rate of interest of five per cent per annum. Any such 
loan shall be made by the Board upon the valid securities of the several states 
of the United States, giving preference thereto, or upon the note of the county 
treasurer and county supervisor of any of the counties of this State, who shall 
make application for a loan, provided such loan be not more than two-thirds of 
the tax levy of such county for county purposes and the whole of the taxes 
of the county shall be pledged for the repayment of the money so borrowed 
of the Board. The county treasurers of the respective counties borrowing 
funds of the Board shall pay the note so given out the first taxes collected 
for the fiscal year for which the money is borrowed. The Board shall not 
charge interest on any loans heretofore or hereafter made by it to any po- 

83 






§ 1-799 Code of Laws of South Carolina § 1-811 

litical subdivision of this State or to any State institution of this State at a 

rate in excess of four per cent per annum. 

1942 Code §§ 2142, 2143; 1932 Code § 2142; Civ. C. '22 § 103; Civ. C. '12 § 98; Civ. C. '02 
§ 94; 1897 (22) 440; 1911 (27) 223; 1939 (41) 215; 1941 (42) ISO; 19S0 (46) 3605. 

§ 1-799. Applications for loans; proration when applications exceed fund. 
The State Budget and Control Board shall receive applications for the var- 
ious counties and file them until the first day of March of every year. If the 
applications aggregate more than the entire Sinking Fund the Board shall 
prorate the loan to be made to the several counties in proportion to the taxes 
paid by the respective counties. 

1942 Code § 2143; 1932 Code § 2143; Civ. C. "22 § 104; Civ. C. '12 § 99; Civ. C. '02 § 95; 
1897 (22) 441; 1898 (22) 725; 1911 (27) 223; 1950 (46) 3605. 

§ 1-800. Rediscounting notes. 

The State Budget and Control Board may rediscount notes held by it 
covering loans made to political subdivisions of the State when it is found de- 
sirable to do so and such rediscount can be accomplished on a satisfactory 
basis. The board may endorse such paper to be discounted. 

1942 Code § 2145; 1932 Code § 2145; 1929 (36) 238; 1950 (46) 3605. 

§ 1-801. Blank. 

§ 1-802. Violation of § 1-798 by county treasurers. 

Any county treasurer who shall violate the provisions of § 1-798 shall be 

fined, on conviction thereof, a sum not exceeding one thousand dollars and 

shall be liable on his bond to the Board for the amount of the loss sustained by 

the Board, together with all costs and expenses thereof. 

1942 Code § 2144; 1932 Code § 2144; Civ. C. '22 § 105; Civ. C. '12 § 100; Civ. C. '02 § 96; 
1950 (46) 3605. 

§ 1-803. Annual report. 

The State Budget and Control Board shall annually report to the General 

Assembly the condition of the Sinking Fund and all sales or other transactions 

connected therewith. 

1942 Code § 2140; 1932 Code §§ 2132, 2140; Civ. C. '22 §§ 93, 101; Civ. C. '12 §§ 88, 96; 
Civ. C. '02 §§ 84, 92; G. S. 57, 64; R. S. 78, 86; 1870 (14) 388; 1884 (18) 864. 

Article 6. 
Comptroller General. 

§ 1-811. Bond. 

The Comptroller General shall, before he enters upon the duties of his office, 

give bond for the faithful discharge of the duties thereof, with one or more 

sureties approved by the Governor, in the sum of thirty thousand dollars. 

1942 Code § 3135; 1932 Code § 3133; Civ. C. '22 § 831; Civ. C. '12 § 746: Civ. C. '02 § 672: 
G. S. 529; R. S. 5S8; 1801 (5) 410, 411; 1868 (14) 135; 1877 (16) 247; 1893 (21) 416; 
1900 (23) 418; 1919 (31) 4; 1921 (.32) 204; 1924 (33) 1182. 

84 



§ 1-812 Administration of the Government § 1-818 

§ 1-812. Salary, fees, etc. 

The Comptroller General shall receive an annual salary of seven thousand 

five hundred dollars. The fees and perquisites of the office shall be paid into 

the State Treasury. 

1942 Code § 3135; 1932 Code § 3135; Civ. C. '22 § 831; Civ. C. '12 § 746; Civ. C. '02 § 672; 
G. S. 529; R. S. 5S8; 1801 (5) 410, 411; 1868 (14) 135: 1877 (16) 247; 1893 (21) 416; 
1900 (23) 418; 1919 (31) 4; 1921 (32) 204; 1924 (33) 1182; 1948 (45) 1716. 

§ 1-813. Office hours. 

The Comptroller General shall keep open his office from nine o'clock in the 

morning' until five o'clock in the afternoon every day, Saturdays, Sundays and 

public holidays excepted, and shall keep his office open on Saturdays from nine 

o'clock in the morning until one o'clock in the afternoon. 

1942 Code § 3135; 1932 Code § 3135; Civ. C. '22 § 831; Civ. C. '12 § 746; Civ. C. '02 
§ 762; G. S. 529; R. S. 588; 1801 (5) 410. 411; 1868 (14) 135; 1877 (16) 247; 1893 (21) 
416; 1900 (23) 418; 1919 (31) 4; 1921 (32) 204; 1924 (33) 1182; 1950 (46) 2441. 

§ 1-814. Assistance. 

The Comptroller General shall employ such assistance as the General As- 
sembly may provide. 

1942 Code § 3135; 1950 (46) 2441. 

§ 1-815. Record of General Assembly appropriations and contingent accounts. 

The Comptroller General shall keep a book in which all appropriations by 

the General Assembly shall be entered, with all payments made under them ; 

he shall also keep another book, properly indexed, in which he shall enter all 

contingent accounts allowed by the General Assembly and the time at which 

payment on the same shall be made. 

1942 Code § 3136; 1932 Code § 3136: Civ. C. '22 § 832; Civ. C. '12 § 747; Civ. C. '02 § 673; 
G. S. 530; R. S. 589; 1834 (6) 511; 1889 (20) 367. 

§ 1-816. Report of county taxes. 

He shall prepare and present to the General Assembly, at an early period in 
every session, a correct and detailed statement of all the taxes, real and per- 
sonal, for which each of the counties of the States shall be liable under the tax 
Acts of each year. He shall, at the same time, report the amount of the local 
taxes collected in each county. 

1942 Code § 3146; 1932 Code § 3146; Civ. C. '22 § 842; Civ. C. '12 § 754; Civ. C. '02 § 680; 
G. S. 536; R. S. 596; 1808 (5) 567; 1859 (12) 746. 

§ 1-817. Report on all moneys due the State. 

He shall lay before the General Assembly, with his annual report, a state- 
ment of all moneys due to the State. 

1942 Code § 3147; 1932 Code § 3147; Civ. C. '22 § 843; Civ. C. '12 § 755; Civ. C. '02 § 681; 
G. S. 537; R. S. 597; 1818 (6) 108. 

§ 1-818. Report of names of pensioners. 

He shall make to the General Assembly an annual report of the names of 
the pensioners of the State. 

85 



§ 1-819 Code of Laws of South Carolina § 1-824 

1942 Code § 3149; 1932 Code § 3149; Civ. C. '22 § 845; Civ. C. '12 § 757; Civ. C. '02 § 683; 
G. S. 539; R. S. 599; 1835 (6) 527. 

§ 1-819. Unappropriated Treasury funds. 

The Comptroller General shall report, annually, to the General Assembly 

his transactions in regard to unappropriated funds in the State Treasury. 

1942 Code § 3150; 1932 Code § 3150; Civ. C. '22 § 846; Civ. C. '12 § 758; Civ. C. '02 § 684; 
G. S. 540; R. S. 600; 1803 (5) 458. 

§ 1-820. Duplicate books of Treasurer; report to General Assembly. 

The Comptroller General shall keep a set of books exhibiting the separate 

transactions of the State Treasury. Such set of books shall be a transcript of 

the books of the Treasury, constituting a complete check upon that office. And 

the Comptroller shall, in addition to the exhibits of cash transactions of the 

Treasury, annually report to the General Assembly a balance sheet of the 

books aforesaid, setting forth as well by whom debts are due to the State as 

the amounts of those debts. 

1942 Code § 3144; 1932 Code § 3144; Civ. C. '22 § 840; Civ. C. '12 § 752; Civ. C. '02 § 678; 
G. S. 535; R. S. 594; 1834 (6) 511. 

§ 1-821. Must superintend transfer of books and money by Treasurer to suc- 
cessor. 
He shall personally superintend, except in the event of his being sick and 
thereby rendered unable to attend, the transfer of money and papers from the 
office of the State Treasurer to his successor and report to the General As- 
sembly thereon at their next session. 

1942 Code § 3138; 1932 Code § 3138; Civ. C. '22 § 834; Civ. C. '12 § 749; Civ. C. '02 § 675; 
G. S. 532; R. S. 591; 1801 (5) 409. 

§ 1-822. Vouchers of State Treasurer. 

The Comptroller General shall between the first and tenth day of each month 

examine the vouchers in the office of the State Treasurer for all payments made 

by the Treasurer during the preceding month. 

1942 Code § 3136; 1932 Code § 3136; Civ. C. '22 § 832; Civ. C. '12 § 747; Civ. C. '02 § 673; 
G. S. 530; R. S. 589; 1834 (6) 511; 1889 (20) 367. 

§ 1-823. Payments by Treasurer on his warrant. 

All payments by the State Treasurer, except for interest on the public debt 

and the pay of officers, members and attaches of the General Assembly, shall 

be made on warrants drawn by the Comptroller General, and the vouchers for 

the same must be filed in his office. 

1942 Code § 3140; 1932 Code § 3140; Civ. C. '22 § 836; Civ. C. '12 § 751; Civ. C. '02 § 677; 
G. S. 534; R. S. 593; 1876 (16) 91; 1916 (29) 927. 

Surplus funds in State Treasurer's hands claim for unpaid salary. Grimball v. Beat- 
are applicable to payment of circuit judge's tie, 174 S. C. 422, 177 S. E. 668. 

§ 1-824. When warrants written off. 

All warrants issued by the Comptroller General for the payment of claims, if 
not presented for payment within two years from date thereof, shall be writ- 

86 



§ 1-825 Administration of the Government § 1-827 

ten off of the books of the Comptroller General. But any warrant may be re- 
issued upon satisfactory proof of nonpayment and loss. 

1942 Code § 3140; 1932 Code § 3140; Civ. C. '22 § 836; Civ. C. '12 § 751; Civ. C. '02 § 677; 
G. S. 534; R. S. 593; 1876 (16) 91; 1916 (29) 927. 

§ 1-825. Lost warrants; duplicates. 

In case any warrant issued by the Comptroller General shall be lost and fails 
to reach the person to whom the same has been mailed, the Comptroller Gen- 
eral shall, upon satisfactory proof to him of the fact of such loss and upon 
receiving a bond in an amount double the sum for which the warrant was 
drawn, issue to such person a duplicate warrant for the sum for which the orig- 
inal warrant was drawn. The duplicate warrant shall state upon its face that 
it is a duplicate and payable only in case the original warrant is unpaid. Such 
duplicate warrant, duly endorsed, shall be sufficient for payment by the State 
Treasurer. 

1942 Code § 3142; 1932 Code § 3142; Civ. C. *22 § 838; 1921 (32) 114. 

§ 1-826. Payments from State Treasury. 

After the approval of the annual appropriation Act by the Governor, moneys 
may be obtained from the State Treasury only by drawing vouchers upon the 
Comptroller General. All vouchers, except for appropriated salaries, shall be 
accompanied by a classified and itemized statement of expenditures showing 
in each case the name of the payee and a list of articles purchased or services 
rendered, together with a certified statement that such articles or services were 
purchased or rendered exclusively for the purpose or activity for which the 
appropriation was made. These statements of expenditures shall be prepared 
on printed forms prescribed by the Comptroller General and they shall be pre- 
pared in duplicate, the copy to be retained for the purpose of assisting in the 
annual audit and as a permanent office record. 

1942 Code §3141; 1932 Code § 3141; Civ. C. '22 § 837; 1921 (32) 114. 

Cited in Grimball v. Beattie, 174 S. C. 
422, 177 S. E. 668; Scroggie v. Bates, 213 
S. C. 141, 48 S. E. (2d) 634. 

§ 1-826.1. Systems of bookkeeping in county offices and examination of books. 
The Comptroller General shall prescribe the system of bookkeeping to be 
used in the offices of the governing bodies of counties, county boards of educa- 
tion, county treasurers and county auditors of the State so that they shall 
be uniform and in making his visits to witness the settlements of county 
treasurers he shall examine the books of such offices and report the results 
of his examination to the General Assembly. 

1942 Code §2806; 1932 Code §2844; Civ. C. '22 §539; Civ. C. '12 §488; Civ. C. '02 
§439; R. S. 370; 1893 (21) 401. 

§ 1-827. Settlements with county treasurers. 

The Comptroller General shall enter the abstracts for settlement with the 
several county treasurers of the State in a book to be kept by him for such 
purpose and shall enter therein all settlements made by such treasurers as to 

S7 



§ 1-828 Code of Laws of South Carolina § 1-842 

all taxes, State, school, county and special, and the same shall be a part of the 

records of his office. 

1942 Code § 3145; 1932 Code § 3145; Civ. C. '22 § 841; Civ. C. '12 § 753; Civ. C. '02 § 679; 
R. S. 595; 1889 (20) 293. 

§ 1-828. Measures against defaulting county treasurers. 

The Comptroller General shall immediately commence and pursue against 

all county treasurers reported by the State Treasurer as being in default in 

making their returns such legal measures as will be best calculated to compel 

an immediate compliance with the duty imposed upon them in regard to such 

returns and shall enforce the performance of their duty generally by all legal 

means. The Attorney General and the solicitor of the circuit in which such 

default may occur shall conduct such legal proceedings when called upon to 

do so by the Comptroller General. 

1942 Code § 3152; 1932 Code § 3152; Civ. C. '22 § 848; Civ. C. '12 § 760; Civ. C. '02 § 686; 
G. S. 543; R. S. 602; 1808 (5) 567. 

§ 1-829. Accounts of all persons distributing public money. 

He shall enter in books, kept for that purpose, such statements of the ac- 
counts of persons having the distribution of public money, directed by law 
to be rendered to him, as will enable him, at any time, to show how such 
accounts stand between the parties, respectively. 

1942 Code § 3153; 1932 Code § 3153; Civ. C. '22 § 849; Civ. C. '12 § 761; Civ. C. '02 § 687; 
G. S. 545; R. S. 604; 1834 (6) 512. 

§ 1-830. When to pay county auditors. 

The Comptroller General shall not issue to any auditor his warrant for the 

salary of such auditor until all abstracts and reports due from or by such 

auditor have been filed in the office of the Comptroller General. 

1942 Code § 3156; 1932 Code § 3156; Civ. C. '22 § 852; Civ. C. '12 § 768; Civ. C. '02 § 694; 
G. S. 553; R. S. 611; 1876 (16) 194. 

Article 7. 
State Treasurer. 

§ 1-841. Salary and clerks. 

The State Treasurer shall receive a salary at the rate of seven thousand 
five hundred dollars per annum. He shall employ a chief clerk and two book- 
keepers. 

1942 Code § 3159; 1932 Code § 3159; Civ. C. '22 § 854; Civ. C. '12 § 770; Civ. C. '02 § 696; 
G. S. 555; R. S. 613; 1879 (17) 128; 1893 (21) 416; 1919 (31) 4; 1924 (33) 1182; 1948 (45) 
1716. 

§ 1-842. Bond. 

The Treasurer shall, before entering on the duties of his office, give bond 
with two or more good and sufficient sureties approved by the Governor, 

88 



§ 1-843 Administration of the Government § 1-846 

with a condition for the faithful discharge of his duties and in the penal sum 

of ninety thousand dollars. 

1942 Code § 3160; 1932 Code § 3160; Civ. C. '22 § 855; Civ. C. '12 § 771; Civ. C. '02 § 697; 
G. S. 556; R. S. 614; 1865 (13) 350. 

§ 1-843. Office hours. 

The Treasurer shall keep open and attend in his office from nine o'clock in 

the morning until two in the afternoon every day, Sundays, public holidays 

and the two succeeding days to Christmas excepted. 

1942 Code § 3161; 1932 Code § 3161; Civ. C. '22 § 856; Civ. C. '12 § 772; Civ. C. '02 § 69S; 
G. S. 557; R. S. 615; 1801 (5) 411. 

§ 1-844. Duplicate receipts. 

The Treasurer, on receiving money from the county treasurers on account 
of State taxes and phosphate companies on account of phosphate royalty or 
from any other person whomsoever on any account, shall issue duplicate re- 
ceipts for the same, one of which shall be designated the original and the other 
the duplicate. The original shall be held by the person making the payment 
of the money to the Treasurer, for his protection, and the duplicate shall be 
immeditaely sent to the Comptroller General of the State by the Treasurer, 
who shall from such duplicate receipt make up a cash book upon which he 
shall charge the Treasurer with having received the amount so evidenced by 
such duplicate receipt. The Treasurer shall designate on the face of each re- 
ceipt on what account the money has been paid, so that the Comptroller 
General may be enabled to charge the Treasurer separately with such amounts. 
If the Treasurer shall neglect to furnish receipts as aforesaid, he shall forfeit 
and pay a sum not exceeding two hundred dollars, nor less than fifty dollars, 
to be recovered in any court having jurisdiction thereof, and the Comptroller 
General, upon information made to him. shall take the necessary measures 
to cause the same to be recovered. 

1942 Code § 3175; 1932 Code § 3175; Civ. C. ' 22 § 870; Civ. C. '12 § 788; Civ. C. '02 § 714; 
G. S. 572; R. S. 630; 1S89 (20) 366; 1905 (24) 969. 

§ 1-845. Duties as to defaulting county treasurers. 

Any county treasurer who shall neglect to pay over to the Treasurer the 

amount in his hands belonging to the State or for which he has made himself 

liable, as required by law, shall be liable to be committed to jail by warrant 

from the Treasurer. Any such warrant shall be directed to all the sheriffs of 

the State, who shall be bound in their several counties to yield strict obedience 

to the same, under penalty of liability for neglect of duty. Any such county 

treasurer shall remain in strict custody until he shall have rendered a full 

account and paid over the taxes for which he is accountable. 

1942 Code § 3168; 1932 Code § 3168; Civ. C. '22 § 863; Civ. C. '12 § 781; Civ. C. '02 § 707; 
G. S. 564; R. S. 623; 1788 (5) 54. 

§ 1-846. Charging county treasurer with interest. 

If any treasurer shall refuse or neglect to pay the taxes received by him 
within the time required by law, the State Treasurer shall, in addition to the 

89 



§ 1-847 Code of Laws of South Carolina § 1-854 

coercive power which he now possesses, charge the county treasurer with 

interest, at the rate of five per cent per month, from the time he ought to have 

paid the taxes to the time of payment. 

1942 Code § 3169; 1932 Code § 3169; Civ. C. '22 § 864; Civ. C. '12 § 782; Civ. C. '02 § 708; 
G. S. 565; R. S. 624: 1843 (111 247. 

§ 1-847. Report of names of defaulting county treasurers. 

The Treasurer shall report to the General Assembly, at its annual session, 

every instance of default in the county treasurers and state particularly the 

means which he has made use of against such defaulters, so that the General 

Assembly may be fully informed of any omission of duty, wheresoever and by 

whomsoever, in the punctual and due collection of taxes. 

1942 Code § 3170; 1932 Code § 3170; Civ. C. '22 § 865; Civ. C. '12 § 783; Civ. C. '02 § 709; 
G. S. 566, R. S. 625; 1824 (6) 259. 

§ 1-848. Proceedings against such treasurers. 

The Treasurer shall instruct the Attorney General and solicitors to proceed 
against all such defaulters, as soon as such defaults occur. And he shall en- 
force all legal means against defaulting county treasurers; in failure whereof, 
he shall be held to make good any loss which the State may sustain thereby 
and be, moreover, liable to be deemed guilty of a violation of his official duty. 

1942 Code § 3170; 1932 Code § 3170; Civ. C. '22 § 865; Civ. C. '12 § 783; Civ. C. '02 § 709; 
G. S. 566, R. S. 625; 1824 (6) 259. 

§ 1-849. Blank. 

§ 1-850. Blank. 

§ 1-851. Account in books for each appropriation. 

The Treasurer shall raise an account in the Treasury books in every instance 
for the several appropriations made by the General Assembly, so that the ap- 
propriations of money and application thereof conformably thereto may ap- 
pear clearly and distinctly on the Treasury books. 

1942 Code § 3173; 1932 Code § 3173; Civ. C. '22 § 868; Civ. C. '12 § 786; Civ. C. '02 § 712; 
G. S. 570; R. 3. 628; 1803 (5) 458. 

§ 1-852. Blank. 
§ 1-853. Blank. 

§ 1-854. Writing off unpaid check two years old. 

Jf any check issued by the Treasurer for the payment of claims shall not be 
presented for payment within two years from the date thereof, the amount 
thereby represented shall be covered back into the State Treasury and such 
check written off of the books of the Treasurer. But any check may be re- 
issued upon satisfactory proof of nonpayment. 

1942 Code § 3177; 1932 Code § 3177; Civ. C. '22 § 872; Civ. C. '12 § 790; 1904 (24) 498. 

90 



§ 1-855 Administration of the Government § 1-859 

§ 1-855. Publication of quarterly statements. 

The Treasurer shall publish, quarterly, in one daily paper in the city of 
Columbia a statement showing the amount of money on hand and in what 
banks the same is deposited and the respective funds to which the same be- 
longs. 

1942 Code § 3181; 1932 Code § 3181; Civ. C. '22 § 876; Civ. C. '12 § 794; 1903 (24) 21. 

§ 1-856. How State institutions must draw appropriations. 

The appropriation made for a State institution shall be paid to the treasurer 
of the institution, who shall be a bonded officer, the amount of the bond not to 
be less than the amount to be drawn at any one time and to be fixed by the gov- 
erning board. The bond shall be approved by the Attorney General as to its 
form and execution and by the Governor as to its sufficiency and shall be 
filed with the State Treasurer. The treasurer of the institution shall draw 
his receipt warrant monthly upon the Comptroller General for the amount 
needed. Such receipt warrant shall be countersigned by the president or 
superintendent of the institution and have attached thereto an itemized sworn 
statement showing the purposes in detail for which the money to be drawn 
is to be used during the month covered by the warrant. All money for other 
purposes shall be drawn only when actually owing and due. 

Upon the receipt by the Comptroller General of the receipt warrant, signed 
and countersigned and with the statement attached as above provided, the 
Comptroller General, shall issue his warrant on the State Treasurer in favor 
of the treasurer of the institution for the amount drawn, and the State Treas- 
urer shall pay the same, the amount thereof to be charged to the appropria- 
tion account of such institution by the Comptroller General and the State 
Treasurer. 

1942 Code § 3186; 1932 Code § 3186; Civ. C. '22 § 880; Civ. C. '12 § 801; Civ. C. '02 § 724; 
1900 (23) 356. 

§ 1-857. Payment of appropriations to meet ordinary expenses. 

The several amounts appropriated from year to year to meet the ordinary 
expenses of the State shall be paid by the Treasurer out of the usual income of 
the State and any unexpended balance in his hands not otherwise appropriated, 
in the manner prescribed by § 1-823, and conformably with the terms of §§ 
1-857 to 1-861. 

1942 Code § 3189; 1932 Code § 3189; Civ. C. '22 § 885; Civ. C. '12 § 805; 1909 (26) 280. 

Surplus funds in State Treasurer's hands claim for unpaid salary. Grimball v. Beat- 
are applicable to payment of circuit judge's tie, 174 S. C. 422, 177 S. E. 668. 

§ 1-858. Salaries paid monthly. 

The amount specified for salaries and clerical services of the officers and 
employees of the State shall be paid in monthly installments. 

1942 Code § 3190; 1932 Code § 3190; Civ. C. '22 § 886; Civ. C. '12 § 804; 1909 (26) 280. 

Cited in Grimball v. Beattie, 174 S. C. 
422, 177 S. E. 668. 

§ 1-859. Moneys for erection of State college buildings. 

All moneys appropriated to provide buildings for any of the State colleges 

91 



§ 1-860 Code of Laws of South Carolina § 1-864 

shall remain in the State Treasury until the same shall be needed for the 
actual erection of the respective buildings for which the appropriations are 
made. 

1942 Code § 3201; 1932 Code § 3201; Civ. C. '22 § 898; Civ. C. '12 § 818; 1909 (26) 282. 

§ 1-860. Blank. 

§ 1-861. Mode of payment of appropriations when no direction given. 

When no direction is given herein as to the manner in which a specific ap- 
propriation shall be paid, the same shall be paid under the direction of the 
Governor and the Attorney General in such manner as will safeguard the in- 
terests of the State. 

1942 Code § 3210; 1932 Code § 3210; Civ. C. '22 § 907; Civ. C. '12 § 832; 1909 (26) 286. 

§ 1-862. Daily reports to Comptroller General. 

The State Treasurer shall, at the close of business on each day, send to the 

Comptroller General a report of all moneys paid out by him, to whom paid and 

on what account, except that paid upon warrants of the Comptroller General. 

1942 Code § 3176; 1932 Code § 3176; Civ. C. '22 § 871; Civ. C. '12 § 789; Civ. C. '02 § 715; 
G. S. S72a; R. S. 631; 1889 (20) 366. 

§ 1-863. Monthly report to Comptroller of cash transactions, etc. 

The State Treasurer shall, at the end of every month, report to the Comptrol- 
ler General an accurate statement of the cash transactions of the Treasury, of 
every description, stating therein every sum of money received or paid away 
in behalf of the State, particularizing the person and his office of whom re- 
ceived and to whom paid, as also on what account received and for what pur- 
pose paid. 

He shall, at all times, when required by the Comptroller General, produce 

to him satisfactory statements of the cash in hand and furnish him promptly 

with the official information, duly certified, relative to any matter connected 

with the revenue and finance of the State. 

1942 Code § 3167; 1932 Code § 3167; Civ. C. '22 § 862; Civ. C. '12 § 779; Civ. C. '02 § 705; 
G. S. 562; R. S. 622; 1801 (5) 409; 1803 (5) 458. 

§ 1-864. Fund for insurance and postage on securities in transit. 

The State Treasurer may set up from any funds now in his office the sum of 
twenty-five dollars, which shall be used as a perpetual fund for the purpose of 
paying postage and insurance on securities in transit. All payments from this 
fund shall be reimbursed as the postage and insurance are collected from the 
bank or banks to whom the securities are sent. 

1942 Code § 3212; 1932 (37) 1310. 

Cited in Grimball v. Beattie, 174 S. C. 
422, 177 S. E. 668. 



92 



§ 1-881 Administration of the Government § 1-883 

Article 8. 
State Auditor. 

§ 1-881. Selection; assistants. 

The State Budget and Control Board shall select the State Auditor who shall 
select any necessary assistants in conformity with the appropriations therefor. 

1942 Code § 3222-1; 1933 (38) 297; 1950 (46) 2353. 

Cross reference. — As to issuance of cer- 
tificate by Board of Examiners of Public 
Accountants to State Auditor, see § 56-16. 

§ 1-882. Examination of financial affairs of certain officers and institutions. 

The State Auditor shall examine at least once each year the books, accounts, 
receipts, disbursements, vouchers and records of all State officers charged with 
the receipt and expenditure of public funds and of all State educational, char- 
itable and penal institutions for the support of which the State contributes by 
an appropriation or provision of law. 

1942 Code § 3222-2; 1932 Code § 7846; Civ. C. '22 § 3979; 1915 (29) 162; 1933 (38) 297; 
1950 (46) 2353. 

§ 1-883. Report. 

The State Auditor shall, on or before the thirtieth day of June in each year, 
file with the Governor his report of the condition of each such State officer and 
institution, showing: 

(1) The amount received from all sources by each ; 

(2) The amount expended by each ; 

(3) The nature of the vouchers for such expenditures; 

(4) Whether the expenditures were authorized by law ; and 

(5) Any irregularities which may have been recorded by his examination. 

The report may be referred by the Governor to the General Assembly. 

1942 Code § 3222-2; 1932 Code § 7846; Civ. C. '22 § 3979; 1915 (29) 162; 1933 (38) 297; 
1950 (46) 2353. 



93 



Title 2. 
Aeronautics.* 

Chap. 1. General Legal Principles, §§ 2-1 to 2-22. 

2. Uniform State Aeronautical Regulatory Law, §§ 2-51 to 2-77. 

3. Airports Generally, §§ 2-101 to 2-133. 

4. Particular Airports, §§ 2-201 to 2-478. 





Article 1. 


Uniform State Law for Aeronautics. 


Sec. 




2-1. 


Citation. 


2-2. 


Definitions. 


2-3. 


Sovereignty. 


2-4. 


Ownership. 


2-5. 


Flights and landings. 


2-6. 


Liability for damages. 


2-7. 


Collisions. 


2-8. 


Crimes and torts. 


2-9. 


Contracts. 



CHAPTER 1. 

General Legal Principles. 

Sec. 

2-10. Trick flying and other misuse of air- 
craft. 
2-11. Hunting from aircraft. 
2-12. Construction. 

Article 2. 

Miscellaneous Provisions. 

2-21. Liability of owners and operators 

generally to guests. 
2-22. Liability of public carriers. 

Article 1. 
Uniform State Laiv for Aeronautics. 

§ 2-1. Citation. 

This article may be cited as the Uniform State Law for Aeronautics. 

1942 Code § 7111; 1932 Code § 7111; 1929 (36) 220. 

§ 2-2. Definitions. 

In this article, "aircraft" includes balloon, airplane, hydroplane, and every 
other vehicle used for navigation through the air. A hydroplane, while at rest 
on water and while being operated on or immediately above water, shall be 
governed by the rules regarding water navigation; while being operated 
through the air otherwise than immediately above water, it shall be treated 
as an aircraft. "Aeronaut" includes aviator, pilot, balloonist and every other 
person having any part in the operation of aircraft while in flight. "Passenger" 
includes any person riding in an aircraft but having no part in its operation. 

1942 Code § 7100; 1932 Code § 7100; 1929 (36) 220. 



* As to air raid precautions, see §§ 44-421 to 44-428. 

95 



§2-3 Code of Laws of South Carolina §2-7 

§ 2-3. Sovereignty. 

Sovereignty in the space above the lands and waters of this State is de- 
clared to rest in the State, except where granted to and assumed by the 
United States pursuant to a constitutional grant from the people of this State. 

1942 Code § 7101; 1932 Code § 7101; 1929 (36) 220. 

§ 2-4. Ownership. 

The ownership of the space above the lands and waters of this State is 
declared to be vested in the several owners of the surface beneath, subject 
to the right of flight described in § 2-5. 

1942 Code § 7102; 1932 Code § 7102; 1929 (36) 220. 

§ 2-5. Flights and landings. 

Flight in aircraft over the lands and waters of this State is lawful, unless 
at such a low altitude as to interfere with the then existing use to which 
the land or water, or the space over the land or water, is put by the owner 
or unless so conducted as to be imminently dangerous to persons or property 
lawfully on the land or water beneath. The landing of an aircraft on the 
lands or waters of another without his consent is unlawful, except in the case 
of a forced landing. For damages caused by a forced landing, however, the 
owner or lessee of the aircraft or the aeronaut shall be liable, as provided in 
§2-6. 

1942 Code § 7103; 1932 Code § 7103; 1929 (36) 220. 

§ 2-6. Liability for damages. 

The owner of every aircraft which is operated over the land or waters of 
this State is absolutely liable for injuries to persons or property on the land 
or water beneath caused by ascent, descent or flight of the aircraft or the 
dropping or falling of any object therefrom, whether such owner was negli- 
gent or not, unless the injury is caused in whole or in part by the negligence 
of the person injured or of the owner or bailee of the property injured. If 
the aircraft is leased at the time of the injury to person or property both 
owner and lessee shall be liable and they may be sued jointly or either or 
both of them may be sued separately. An aeronaut who is not the owner or 
lessee shall be liable only for the consequences of his own negligence. The 
injured person or owner or bailee of the injured property shall have a lien 
next in priority to the lien for State and county taxes on the aircraft causing 
the injury to the extent of the damage caused by the aircraft or object falling 
from it. A chattel mortgagee, conditional vendor or trustee under an equip- 
ment trust of any aircraft out of possession shall not be deemed an owner 
or lessee within the provisions of this section. 

1942 Code § 7104; 1932 Code § 7104; 1929 (36) 220; 1946 (44) 1371. 

§2-7. Collisions. 

Subject to the provisions of §2-21, the liability of the owner of one air- 
craft to the owner of another aircraft, or to aeronauts or passengers on either 

96 



§ 2-8 Aeronautics § 2-21 

aircraft, for damage caused by collision on land or in the air shall be de- 
termined by the rules of law applicable to torts on land. 
1942 Code § 7105; 1932 Code § 7105; 1929 (36) 220. 

§ 2-8. Crimes and torts. 

All crimes, torts and other wrongs committed by or against an aeronaut or 
passenger while in flight over this State shall be governed by the laws of 
this State; and the question whether damage occasioned by or to an aircraft 
while in flight over this State constitutes a tort, crime or other wrong by or 
against the owner of such aircraft shall be determined by the laws of this 
State. 

1942 Code § 7106; 1932 Code § 7106; 1929 (36) 220. 

§ 2-9. Contracts. 

All contractual and other legal relations entered into by aeronauts or passen- 
gers while in flight over this State shall have the same effect as if entered into 
on the land or water beneath. 

1942 Code § 7107: 1932 Code § 7107; 1929 (36) 220. 

§ 2-10. Trick flying and other misuse of aircraft. 

Any aeronaut or passenger who, while in flight over a thickly inhabited area 
or over a public gathering within this State, shall engage in trick or acrobatic 
Hying or in any acrobatic feat or shall, except while in landing or taking off, 
fly at such a low level as to endanger the persons on the surface beneath or 
drop any object except loose water or loose sand ballast shall be guilty of a 
misdemeanor and punishable by a fine of not more than one hundred dollars, 
or imprisonment for not more than thirty days, or both. 

1942 Code §§ 1130, 7108; 1932 Code §§ 1130. 7108; 1929 (36) 220. 

§2-11. Hunting from aircraft. 

Any aeronaut or passenger who, while in flight within this State, shall in- 
tentionally kill or attempt to kill any birds or animals shall be guilty of a mis- 
demeanor and punishable by a fine of not more than one hundred dollars, or by 
imprisonment for not more than thirty days, or both. 

1942 Code § 7109; 1932 Code § 7109; 1929 (36) 220. 

§ 2-12. Construction. 

This article shall be so interpreted and construed as to effectuate its general 
purpose to make uniform the law of those States which enact substantially 
identical legislation and to harmonize, as far as possible, with federal laws 
and regulations on the subject of aeronautics. 

1942 Code § 7110; 1932 Code § 7110; 1929 (36) 220. 

Article 2. 

Miscellaneous Provisions. 

§ 2-21. Liability of owners and operators generally to guests. 

No person transported by the owner or operator of an airship as his guest 

[ISC Code]— 7 97 



§2-22 Code of Laws of South Carolina §2-51 

without payment for such transportation shall have a cause of action for 
damages against such airship, its owner or operator for injury, death or loss 
in case of accident unless such accident shall have been intentional on the 
part of such owner or operator or caused by his heedlessness or his reckless 
disregard of the rights of others. 

1942 Code § 5908; 1932 Code § 5908; 1930 (36) 1164; 1935 (39) 356. 

Cross reference. — For construction of 
similar section relating to motor vehicles, 
see note to § 46-801. 

§ 2-22. Liability of public carriers. 

Section 2-21 shall not relieve a public carrier of responsibility for any in- 
juries sustained by a passenger being transported by such public carrier. 

1942 Code § 5908; 1932 Code § 5908; 1930 (36) 1164; 1935 (39) 356. 



CHAPTER 2. 

Uniform State Aeronautical Regulatory Law. 

Sec. Sec. 

2-51. South Carolina Aeronautics Commis- 2-61. Closing airports, air schools, etc. 

sion; membership and terms. 2-62. Investigations and hearings. 

2-51.1. Same: oath, chairman, meetings and 2-63. Testimony obtained during investiga- 

duties. tions; commissioners and employees 

2-52. Director of aeronautics; additional not required to testify. 

employees; compensation. 2-64. Rules and regulations. 

2-53. Definitions. 2-65. Rules and regulations kept on file; an- 

2-54. Offices; expenses. f nual reports. 

2-55. Duties and powers of Commission. 2-66. Enforcement; public departments to 

2-56. Development of aviation; establish- cooperate. 

ment and operation of airports, etc. 2-67. Inspection for enforcement purposes. 

2-57. Aircraft must be licensed by United 2-68. Reasons for certain orders to be 

States; exceptions; waiver. stated. 

2-58. Pilots must be licensed by United 2-69. Service of orders. 

States; exceptions. 2-70. Appeal from orders. 

2-59. Pilot's license, aircraft license; dis- 2-71. Procedure on appeal. 

play; duty of defendants in prosecu- 2-72. Rights waived if no appeal. 

tions. 2-73. Penalty. 

2-60. Commission to approve airports, air 2-74. Exemptions. 

schools, etc. 2-75. State aviation fund. 

2-60.1. Provisions inapplicable to govern- 2-76. Use of receipts to defray expenses, 

ment airports. 2-77. Short title. 

§ 2-51. South Carolina Aeronautics Commission; membership and terms. 

The South Carolina Aeronautics Commission shall consist of seven members 
to be appointed in the following manner : one member shall be appointed by the 
Governor from each of the Congressional Districts of the State, each of whom 
shall serve for a term of four years and until his successors is appointed and 
duly qualified. One member shall be appointed from the State at large by the 
Governor, who shall serve for a term of six years and until his successor is 
appointed and duly qualified. The Governor shall not appoint to membership 
on the Aeronautics Commission any person who has, directly or indirectly, any 

98 [ISC Code] 



§2-51.1 Aeronautics §2-53 

monetary interest in commercial aeronautics. The Governor may fill vacancies 
in the office of commissioner for the unexpired term. 
1942 Code § 7112-4; 1935 (39) 447; 1946 (44) 1713. 

§ 2-51.1. Same ; oath, chairman, meetings and duties. 

The commissioners shall take the oath of office provided by the Constitution 
and the oath prescribed by law for said officers. The members of the Commis- 
sion shall elect a chairman, who shall serve during the term of his appointment. 
The Commission shall meet in Columbia at least once each month, at such time 
and place as it may fix. No business shall be transacted by the Commission 
except in regular meetings or a special called meeting after due notice, including 
a statement of the purpose of the meeting, is given to each member. All of 
the duties and powers devolved by law upon the former Aeronautics Commis- 
sion are hereby devolved upon the South Carolina Aeronautics Commission 
herein created. 

1942 Code § 7112-4; 1935 (39) 447; 1946 (44) 1713. 

§2-52. Director of aeronautics; additional employees; compensation. 

The Commission shall employ a director of aeronautics who, in order to 
qualify for the position, must hold a transport pilot's license and an aero- 
plane and engine mechanic's license, issued by the United States Govern- 
ment, and may employ such clerical and other employees and assistants as 
it may deem necessary for the proper transaction of its business and fix their 
salaries. No salary shall exceed the sum of three hundred dollars per month. 
Each commissioner, the director of aeronautics and the employees of the 
Commission shall be reimbursed for all actual and necessary traveling ex- 
penses and disbursements incurred by them in the discharge of their official 
duties. 

1942 Code § 7112-6; 1935 (39) 447. 

§ 2-53. Definitions. 

When used in this chapter: 

(1) "Aeronautics" means the act or practice of the art and science of trans- 
portation by aircraft, of operation, construction, repair or maintenance of air- 
craft, airports, landing fields, landing strips or air navigation facilities or of 
air instruction ; 

(2) "Aircraft" means any contrivance now known or hereafter invented, 
used or designed for navigation of or flight in the air; 

(3) "Public aircraft" means an aircraft used exclusively in governmental 
service, including military and naval aircraft, or of any state or territory 
thereof; 

(4) "Civil aircraft" means any aircraft other than a public aircraft; 

(5) "Airport" means any area, either of land or water, which is used or 
which is made available for the landing and take-off of aircraft, whether or 
not it provides facilities for the shelter, supply and repair of aircraft, and which 
meets the minimum requirements as to size, design, surface marking, equip- 
ment and management that may from time to time be provided by the South 
Carolina Aeronautics Commission; 

99 






§ 2-54 Code of Laws of South Carolina § 2-55 

(6) "Landing strip" means an area, either of land or water, which is avail- 
able for the landing and take-off of aircraft having not less than one hundred 
feet of usable width and not less than one thousand feet of usable length, the 
use of which shall, except in case of emergency, be only as provided from time 
to time by the regulations of the South Carolina Aeronautics Commission ; 

(7) "Person" means any individual, association, co-partnership, firm, com- 
pany, corporation or other association of individuals ; 

(8) "Air instruction" means the imparting of aeronautical information in 
any air school, flying club or by any aviation instructor; 

(9) Any person engaged in giving instruction or offering to give instruction 
in aeronautics, either in flying or ground subjects, or both, for or without 
hire or reward and advertising, representing or holding himself out as giving 
or offering to give such instruction shall be termed and considered an "air 
school" ; 

(10) Any person other than an individual who, neither for profit nor reward, 
owns, leases or uses one or more aircraft for the purpose of instruction, 
pleasure or both, shall be termed and considered a "flying club" ; 

(11) "Aviation instructor" means any individual engaged in giving instruc- 
tion, or offering to give instruction, in aeronautics, either in flying or ground 
subjects, or both, for or without hire or reward, without advertising such oc- 
cupation, without calling his facilities an "air school" or anything equivalent 
thereto and without employing or using other instructors ; and 

(12) "Aviation gasoline" means gasoline manufactured exclusively for use 
in airplanes and sold for such purposes. 

1942 Code § 7112; 1935 (39) 447. 

§2-54. Offices ; expenses. 

The State Budget and Control Board shall provide, as soon as practicable, 
suitable offices for the Commission in the city of Columbia and the Commis- 
sion may maintain offices in any other city in the State that the Commission 
may designate and may incur the necessary expense for the office furniture, 
stationery, printing, incidental expenses and other expenses necessary for 
the enforcement of this chapter and the general promotion of aeronautics 
within the State. 

1942 Code § 7112-7; 1935 (39) 447. 

§ 2-55. Duties and powers of Commission. 

The Commission shall foster air commerce within the State and the Com- 
mission shall have supervision over the aeronautical activities and facilities 
within the State. Such authority shall include supervision and control over 
all airports, landing fields, landing strips, air instruction, air parking, air bea- 
cons and all other air navigation facilities. Accordingly, the Commission may 
prescribe such reasonable rules and regulations as it may deem necessary and 
advisable for the public safety and for the promotion of aeronautics governing 
the designing, laying out, location, building, equipping, operation and use of 
all airports, landing fields or landing strips. The Commission may further 
prescribe such reasonable rules and regulations as it may deem necessary gov- 

100 



§ 2-56 Aeronautics § 2-57 

erning the curriculum, equipment, personnel and operation and management 
of all air instruction, for the purpose of protecting the health and safety of 
students receiving or to receive such instruction and insuring, so far as may- 
be, the public safety through the proper training and instruction of student 
aviators. The Commission may further prescribe such reasonable rules and 
regulations as it may deem necessary and advisable for the public safety and 
the safety of those engaged in aeronautics and for the promotion of aeronautics 
governing the establishment, location, maintenance and operation of all air 
markings, air beacons and other air navigation facilities. The Commission 
may further prescribe such reasonable air traffic rules and regulations as it 
shall deem necessary for public safety and the safety of those engaged in aero- 
nautics and for the promotion of aeronautics; provided, however, that no rules 
or regulations prescribed by the Commission under the authority of this sec- 
tion shall be inconsistent with the then current federal legislation governing 
aeronautics and the regulations duly promulgated thereunder. 
1942 Code § 7112-8; 1935 (39) 447. 

Cross reference. — For rules and regula- nautics Commission, in Volume 7 of this 
tions promulgated under authority of this Code, 
section, see Rules and Regulations, Aero- 

§2-56. Development of aviation; establishment and operation of airports, etc. 

The Commission shall assist in the development of aviation and aviation 
facilities within the State for the purpose of safeguarding the interest of those 
engaged in all phases of the industry and of the general public and of pro- 
moting aeronautics. 

The Commission may cooperate with any county or municipality in the es- 
tablishment, maintenance and operation of airports, landing fields or emer- 
gency landing strips and may do so in cooperation with other states or with 
any federal agency. 

1942 Code § 7112-9; 1935 (39) 447. 

§2-57. Aircraft must be licensed by United States; exceptions; waiver. 

The public safety requiring and the advantages of uniform regulation mak- 
ing it desirable in the interest of aeronautical progress that aircraft operat- 
ing within this State should conform with respect to design, construction and 
airworthiness to the standards prescribed by the United States Government 
with respect to navigation of civil aircraft subject to its jurisdiction, it shall 
be unlawful for any person to operate, pilot or navigate, or cause or authorize 
to be operated, piloted or navigated, any aircraft within the State unless such 
aircraft has an appropriate effective license, issued by the government of the 
United States; provided, however, that this restriction shall not apply to public 
aircraft of the United States or of any State, territory or possession thereof 
or to aircraft licensed by a foreign country with which the United States has a 
reciprocal agreement covering the operations of such licensed aircraft ; and 
provided, further, that the South Carolina Aeronautics Commission may, in 
its discretion, waive this provision in the interest of a non-passenger-carrying 
flight solely for inspection or test purposes. 

1942 Code § 7112-1; 1935 (39) 447. 

101 



§ 2-58 Code of Laws of South Carolina § 2-60 

§ 2-58. Pilots must be licensed by United States ; exceptions. 

The public safety requiring and the advantages of uniform regulation mak- 
ing it desirable in the interest of aeronautical progress that a person engaging 
within this State in navigating aircraft in any form of navigation shall have 
the qualifications necessary for obtaining and holding a pilot's license issued 
by the government of the United States, it shall be unlawful for any person 
to pilot any aircraft in this State unless such person is the holder of a correct 
effective pilot's license issued by the government of the United States ; pro- 
vided, however, that this restriction shall not apply to those persons operating 
public aircraft of the United States or public aircraft of any State, territory 
or possession thereof or operating any aircraft licensed by a foreign country 
with which the United States has a reciprocal agreement covering the op- 
eration of such licensed aircraft. 

1942 Code § 7112-2; 1935 (39) 447. 

§2-59. Pilot's license; aircraft license; display; duty of defendants in prose- 
cutions. 

The certificate of the license required for pilots shall be kept in the personal 
possession of the licensee when he is operating aircraft within this State and 
must be presented for inspection upon the demand of any passenger, any 
peace officer of this State, any authorized official or employee of the South 
Carolina Aeronautics Commission or any official manager or person in charge 
of any airport in this State upon which he shall land ; or upon the reasonable 
request of any other person. The aircraft license must be carried in the air- 
craft at all times and must be conspicuously posted therein where it may be 
readily seen by passengers or inspectors; and the license must be presented 
for inspection upon the demand of any passenger, any peace officer of this 
State, any authorized official or employee of the South Carolina Aeronautics 
Commission or any official, manager or person in charge of any airport in this 
State upon which it shall land; or upon the reasonable request of any other 
person. In any criminal prosecution under any of the provisions of this chap- 
ter a defendant who relies for his justification upon a license of any kind shall 
have the burden of proving that he is properly licensed or is the possessor of 
a proper license, as the case may be, and the fact of non-issuance of such li- 
cense may be evidenced by a certificate signed by the official having power of 
issuance, or his deputy, under seal of office, stating that he has made diligent 
search in the records of his office and that from the records it appears that no 
such license was issued up to the date of the making of such certificate. 

1942 Code § 7112-3; 1935 (39) 447. 

§ 2-60. Commission to approve airports, air schools, etc. 

It shall be unlawful for any airport, landing field, air school, flying club, air 
beacon or other air navigation facility to be used or operated without the 
approval of the Commission. All proposed airports, landing fields, air schools, 
flying clubs, air beacons or other air navigation facilities shall first be approved 
by the Commission before they or any of them shall be used or operated. 
The Commission may issue a certificate of its approval in each case. 

1942 Code §7112-10; 1935 (39) 447. 

102 



§2-60.1 Aeronautics §2-63 

§ 2-60.1. Provisions inapplicable to government airports. 

No license, rule, order or regulation promulgated under the authority 
of this chapter shall apply to airports, landing fields, air beacons, air markings 
or other air navigation facilities owned or operated by the government of the 
United States, of the State or of any county or municipality of this State. 

1942 Code § 7112-10; 1935 (39) 447. 

§ 2-61. Closing airports, air schools, etc. 

In any case in which the Commission may deem it necessary it may order 
the closing of any airport or landing field or order any air school, flying club, 
air beacon or other air navigation facility to cease operations until it shall have 
complied with the requirements laid down by the Commission. 

1942 Code § 7112-15; 1935 (39) 447. 

§ 2-62. Investigations and hearings. 

The Commission or any commissioner or officer designated by the Commis- 
sion shall have power to hold investigations, inquiries and hearings concerning 
matters covered by the provisions of this chapter and all accidents in aeronau- 
tics within this State. All hearings conducted by the Commission shall be 
open to the public. Each Commission and every officer of the Commission des- 
ignated by it to hold any inquiry, investigation or hearing shall have the power 
to administer oaths and affirmations, certify to all official acts, issue subpoenas 
and compel the attendance and testimony of witnesses and the production of 
papers, books and documents. In case of failure to comply with any subpoena 
or order issued under authority of this chapter the Commission, or its author- 
ized representative, may invoke the aid of any circuit court in this State. The 
court may thereupon order the witness to comply with the requirements of 
the subpoena or order to give evidence touching the matter in question. Any 
failure to obey the order of the court may be punished by the court as a con- 
tempt thereof. 

1942 Code § 7112-11; 1935 (39) 447. 

§ 2-63. Testimony obtained during investigations ; commissioners and em- 
ployees not required to testify. 

In order to facilitate the making of investigations by the Commission, in the 
interest of the public safety and the promotion of aeronautics, the public in- 
terest requires and it is therefore provided that the reports of investigations or 
hearings, or any part thereof or any testimony given thereat, shall not be 
admitted in evidence or used for any purpose in any suit, action or proceeding 
growing out of any matter referred to in said investigation, hearing or report 
thereof, except in case of criminal or other proceedings instituted by or in be- 
half of the Commission under the provisions of this chapter ; nor shall any com- 
missioner or employee of the Commission be required to testify to any facts 
ascertained in, or information gained by reason of, his official capacity and, 
further, no commissioner or employee of the Commission shall be required to 
testify as an expert witness in any suit, action or proceeding involving any air- 
craft. 

1942 Code § 7112-12; 1935 (39) 447. 

103 



§ 2-64 Code of Laws of South Carolina § 2-69 

§ 2-64. Rules and regulations. 

The Commission shall have a seal and shall make such rules and regulations 
for its administration, not inconsistent herewith, as it may deem expedient. It 
may from time to time amend such rules and regulations. 

1942 Code § 7112-5; 1935 (39) 447. 

§ 2-65. Rules and regulations kept on file ; annual reports. 

The Commission shall keep on file with the Secretary of State and at the 
principal office of the Commission for public inspection a copy of all its rules 
and regulations. On or before December 31st, in each year, the Commission 
shall make to the Governor a full report of its proceedings for the year ending 
December 1st in each year and may submit with such report such recommen- 
dations pertaining to its affairs as seem to it to be desirable. 

1942 Code § 7112-13; 1935 (39) 447. 

§ 2-66. Enforcement ; public departments to cooperate. 

The Commission, its members and employees and every county and munici- 
pal officer charged with the enforcement of State and municipal laws shall en- 
force and assist in the enforcement of this chapter. The Commission may also 
in the name of the State enforce the provisions of this chapter by injunction in 
the circuit courts of this State. Other departments and political subdivisions 
of the State may also cooperate with the Commission in the development of 
aeronautics and aeronautic facilities within the State. 

1942 Code § 7112-14; 1935 (39) 447. 

§ 2-67. Inspection for enforcement purposes. 

To carry out the provision of this chapter the Commission and any officer, 
State or municipal, charged with the duty of enforcing this chapter, may in- 
spect and examine at reasonable hours any premises and the buildings and 
other structures thereof where such airports, landing fields, air schools, flying 
clubs, air beacons or other air navigation facilities are operated. 

1942 Code § 7112-15; 1935 (39) 447. 

§ 2-68. Reasons for certain orders to be stated. 

In any case in which the Commission rejects an application for permission 
to operate or establish an airport, landing field, air school, flying club, air 
beacon or other air navigation facility or in any case in which the Commission 
shall issue any order requiring certain things to be done, it shall set forth 
its reasons therefor and shall state the requirements to be met before such 
approval will be given or such order modified or changed. 

1942 Code § 7112-15; 1935 (39) 447. 

§ 2-69. Service of orders. 

Any order made by the Commission pursuant to this chapter shall be served 
upon the interested person by registered mail or in person before such order 
shall become effective. 

1942 Code § 7112-15; 1935 (39) 447. 

104 



§ 2-70 Aeronautics § 2-74 

§ 2-70. Appeal from orders. 

Any person against whom an order has been entered may within ten days 
after the service thereof appeal to the circuit court of the county in which the 
property affected by the order is located for the purpose of having the reason- 
ableness or lawfulness of the order inquired into and determined. 

1942 Code § 7112-16; 1935 (39) 447. 

§ 2-71. Procedure on appeal. 

The person taking the appeal shall file notice of intention to appeal with the 
grounds thereof in the office of the clerk of such circuit court and summons 
shall thereupon be issued by the clerk and shall be served upon the secretary 
of the Commission. Upon the filing of the notice of intention to appeal with 
the grounds thereof the appeal shall be docketed for trial no less than ten days 
or more than thirty days after the service of the summons and shall be tried 
by the circuit court without formal pleadings in term time or in vacation. Up- 
on trial of the appeal the court shall hear evidence as to matters concerning 
the order in question, the condition of the property in question and the manner 
of its operation and shall enter judgment either affirming or setting aside the 
order of the Commission ; or the court may remand the matter to the Commis- 
sion for further hearing. The filing of the notice of intention to appeal with 
the grounds thereof shall operate as a supersedeas. 

1942 Code § 7112-17; 1935 (39) 447. 

§ 2-72. Rights waived if no appeal. 

If no appeal is taken from the order of the Commission within the period 
fixed, the party against whom the order was entered shall be deemed to have 
waived the right to have the reasonableness or lawfulness of the order re- 
viewed by the court and there shall be no trial of that issue in any court in 
which suit may be instituted for the penalty for failure to comply with the 
order. 

1942 Code § 7112-18; 1935 (39) 447. 

^ §2-73. Penalty. 

Any person failing to comply with the requirements or violating any of the 
provisions of this chapter or the rules and regulations for the enforcement of 
this chapter made by the Commission shall be guilty of a misdemeanor and 
punishable by a fine of not more than five hundred dollars or by imprisonment 
for not more than ninety days or both. 

1942 Code § 7112-19; 1935 (39) 447. 

§ 2-74. Exemptions. 

The terms and provisions of this chapter shall not apply to unlicensed air- 
craft engaged entirely in private flying and which do not engage in flying for 
hire in any way. 

1942 Code § 7112-24; 1935 (39) 447; 1938 (40) 1835. 

105 



§2-75 



Code of Laws of South Carolina 



§2-101 



§ 2-75. State aviation fund. 

All moneys received from licensing of airports, landing fields or air schools, 
the tax on aviation gasoline and fees for other licenses issued under this chap- 
ter shall be paid into the State Treasury and credited to the fund known as the 
"State aviation fund." 

1942 Code § 7112-20; 1935 (39) 447; 1937 (40) 595; 1938 (40) 1835. 

Cited in State v. Query, 207 S. C. 500, 37 
S. E. (2d) 241. 

§ 2-76. Use of receipts to defray expenses. 

Any moneys or fees coming into the hands of the Commission may be used 
for the necessary expenses of the Commission essential to the carrying out of 
this chapter but no overdraft shall be created by reason of any such expendi- 
tures. 

1942 Code § 7112-21; 1935 (39) 447. 

§ 2-77. Short title. 

This chapter may be cited as "The Uniform State Aeronautical Regulatory 
Act." 

1942 Code § 7112-25; 1935 (39) 447; 1938 (40) 1835. 



CHAPTER 3. 
Airports Generally. 



Article 1. 
Uniform Airports Act. 

Sec. 

2-101. Short title. 

2-102. Establishment of airports. 

2-103. Deemed a governmental purpose. 

2-103.1. Acquisition of land by counties. 

2-103.2. Method of condemning such lands. 

2-104. Acquisition of property by condem- 
nation or otherwise. 

2-105. Air rights over private property. 

2-106. Safety markers and lights. 

2-107. One proceeding against various prop- 
erty owners. 

2-108. Parties unknown or having question- 
able titles. 

2-109. Service on known parties. 

2-110. Contents of notice. 

2-111. Hearing. 

2-112. Payment. 



Sec. 

2-113. Same; controversy as to person en- 
titled thereto. 

2-114. Possession and appeal. 

2-115. County board of directors as con- 
demning board. 

2-116. Powers as to such airports and land- 
ing fields. 

2-117. How purchase price raised. 

2-118. Finances. 

2-119. Local police regulations. 

2-120. Intent and construction of article. 

Article 2. 

Regulations in Connection with 
Certain Airports. 

2-131. Protection of certain airfields. 
2-132. Hearing prerequisite to effectiveness 

of regulations. 
'2-133. Penalties. 



Article 1. 
Uniform Airports Act. 

2-101. Short title. 

This article may be cited as the "Uniform Airports Act." 

1942 Code § 7112-42; 1937 (40) 466. 

106 



§ 2-102 Aeronautics § 2-104 

§ 2-102. Establishment of airports. 

The South Carolina Aeronautics Commission and the municipalities, coun- 
ties and other political subdivisions of this State may, separately or jointly, 
acquire, establish, construct, expand, own, lease, control, equip, improve, main- 
tain, operate, regulate and police airports and landing fields for the use of 
aircraft, either within or without the geographical limits of such municipalities, 
counties and other political subdivisions and may use for such purpose or pur- 
poses any available property owned or controlled by the Commission or such 
municipalities, counties or other political subdivisions ; but no county shall 
exercise the authority hereby conferred outside of its geographical limits 
except in an adjoining county and this only jointly with such adjoining 
county. 

1942 Code § 7112-31; 1937 (40) 466. 

§ 2-103. Deemed a governmental purpose. 

Any lands acquired, owned, leased, controlled or occupied by the Commis- 
sion or such counties, municipalities or other political subdivisions for the pur- 
pose or purposes enumerated in § 2-102 shall and are hereby declared to be 
acquired, owned, leased, controlled or occupied for public, governmental and 
municipal purposes. 

1942 Code § 7112-32; 1937 (40) 466. 

§ 2-103.1. Acquisition of land by counties. 

The governing bodies of the several counties of this State may acquire land 
by gift, purchase or condemnation for the purpose of building, constructing 
and maintaining landing strips and airports. The provisions of §§ 2-104 to 
2-115 shall not apply to land that may be acquired under the provisions of this 
section. 

1945 (44) 43. 

§ 2-103.2. Method of condemning such lands. 

The power of condemnation of lands to be used for the purpose of con- 
structing, building and maintaining landing strips and airports shall be exer- 
cised in the manner provided by law for the condemnation of lands by the 
governing bodies of counties for the purpose of laying out roads or highways 
by the counties. 

1945 (44) 43. 

§ 2-104. Acquisition of property by condemnation or otherwise. 

Private property needed by the Commission or a county, municipality or 
other political subdivision for an airport or landing field or for the expansion 
of an airport or landing field may be acquired by grant, purchase, lease or i at 
other means, if such political subdivision or the Commission, as the case 
may be, is able to agree with the owner of such property on the terms of such 
acquisition and otherwise by condemnation in the manner provided by the 
law under which such political subdivision or the Commission is authorized 
to acquire real property for public purposes. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

107 



§ 2-105 Code of Laws of South Carolina § 2-109 

§ 2-105. Air rights over private property. 

When necessary in order to provide unobstructed air space for the landing 
and taking off of aircraft utilizing airports and landing fields acquired or main- 
tained under the provisions of this article, the Commission and the counties, 
municipalities, and other subdivisions of this State may acquire such air rights 
over private property as are necessary to insure safe approaches to the landing 
areas of such airports and landing fields and for the purpose of establishing and 
protecting aeroplane landing fields. Such air rights may be acquired by grant, 
purchase, lease or condemnation in the manner provided in §§ 2-107 to 2-115. 

1942 Code § 7112-37; 1937 (40) 466. 

§ 2-106. Safety markers and lights. 

The Commission and such counties, municipalities and other political sub- 
divisions of this State may acquire the right or easement for a term of years, 
or perpetually, to place and maintain suitable markers for the day time and 
to place, operate and maintain suitable lights for the night-time marking of 
buildings or other structures or obstructions, for the safe operation of aircraft 
utilizing airports and landing fields acquired or maintained under the provi- 
sions of this article. Such rights or easements may be acquired by grant, pur- 
chase, lease or condemnation in the same manner as is provided in this article 
for the acquisition of the airport or landing field itself or the expansion thereof. 

1942 Code § 7112-38; 1937 (40) 466. 

§ 2-107. One proceeding against various property owners. 

When a tract or tracts of land are needed for airport purposes or timber 
cutting rights and air obstruction rights on properties adjacent to airports are 
needed to insure safe approaches to the landing areas of the airports and land- 
ing fields or for railroad or highway facilities for use in connection with them 
or any of them, the condemning authority, whether it be a county, municipal- 
ity, the Commission or other political subdivision may institute one proceeding 
against all known property owners in the area or tract or tracts of land needed 
for such purposes. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§ 2-108. Parties unknown or having questionable titles. 

When title to any of the lands is in question or the true owners are unknown 
all persons having or claiming an interest therein may be joined as parties by 
inserting in the notice the following: "Also all other persons unknown, 
claiming any right, title, estate, interest in or lien upon the real estate de- 
scribed in the notice herein." 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§2-109. Service on known parties. 

All known parties to the proceeding, if they are residents of the county in 
which the property lies, shall be personally served with notice of the proceed- 
ing in the manner in which summons in civil actions are served and if 
(a) they are non-residents, (b) their residence is unknown or (c) the owners 

108 



§2-110 Aeronautics §2-114 

are unknown notice of the proceeding may be served by the publication thereof 
for two weeks in a newspaper published in the county. 
1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§ 2-110. Contents of notice. 

In the notice the description of the property being condemned or the de- 
scription of any property over which timber cutting, obstruction or other 
rights are to be acquired shall be given in metes and bounds or by such other 
proper description as will most likely give notice to the public of the tract of 
land being acquired. Such notice of condemning proceeding shall designate 
the place and time, which shall not be less than fifteen days from the date of 
such notice, at which the* condemnation authority shall assess the compensa- 
tion to be paid for the property and rights being acquired as aforesaid. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§2-111. Hearing. 

At the hearing at which the value of the property is assessed the condemn- 
ing authority may take such testimony as it deems proper in determining both 
the value of the property and the ownership thereof. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§2-112. Payment. 

Upon the resolution of the condemning authority fixing the amount of the 
compensation for any tract of land or right a warrant may be drawn on the 
county treasurer or other proper disbursement officer for the amount so 
fixed and he shall pay the same out of any funds in his hands applicable to 
such purposes. In lieu of tender of the amount of compensation the con- 
demning authority may deposit the amount of the award with the clerk of 
court and the clerk of court shall give his official receipt therefor and hold 
the amount subject to acceptance by the person entitled thereto or the out- 
come of an appeal as provided in § 2-114. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§ 2-113. Same ; controversy as to person entitled thereto. 

If at the hearing at which the compensation is assessed there arises a con- 
troversy as to who is entitled to the compensation for any particular tract or 
tracts of land or any rights acquired or if a person entitled to the compensa- 
tion is unknown the condemning authority may deposit the amount of the 
award with the clerk of court together with a certificate to the effect that the 
title to the property or to the compensation is in controversy or that the true 
owner is unknown and the clerk of court shall hold the award and the person 
claiming the same shall have a right to bring a proceeding under the provi- 
sions of §§ 10-2404 to 10-2406 to determine adverse claims to the award. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§2-114. Possession and appeal. 

Immediately upon the depositing with the clerk of court of the award or 
awards of compensation the condemning authority shall have the right to 

109 



§2-115 Code of Laws of South Carolina §2-118 

enter immediately upon and take possession of the property condemned and 
any person interested may appeal to the court of common pleas from the de- 
cision of award as provided for in § 33-838. Upon the taking of an appeal the 
proceedings shall be deemed severed as to the person or persons appealing and 
their respective interests in the proceedings. 

1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§ 2-115. County board of directors as condemning board. 

When a county is governed by a county board of directors the county board 
of directors shall sit as the condemning board or authority. 
1942 Code § 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499. 

§ 2-116. Powers as to such airports and landing fields. 

The Commission, counties, municipalities and other political subdivisions 
of this State which have established airports or landing fields or which 
acquire, lease or set apart real property for any such purpose may: 

(1) Construct, equip, improve, maintain and operate the same or vest au- 
thority for the construction, equipment, improvement, maintenance and oper- 
ation thereof in an officer, board or body of such political subdivision, the 
expense of such construction, equipment, improvement, maintenance and oper- 
ation to be a responsibility of such political subdivision ; 

(2) Adopt regulations and establish charges, fees and tolls for the use 
of such airports or landing fields, fix penalties for the violation of such regula- 
tions and establish liens to enforce payment of such charges, fees and tolls; and 

(3) Lease for a term not exceeding twenty-five years such airports or landing 
fields to private parties for operation or lease or assign for a term not exceed- 
ing twenty-five years to private parties for operation space, area, improve- 
ments and equipment on such airports or landing fields, provided in each 
case that in so doing the public is not deprived of its rightful, equal and uni- 
form use thereof. 

1942 Code § 7112-35; 1937 (40) 466. 

§2-117. How purchase price raised. 

The purchase price or award for real property acquired, in accordance with 
the provisions of this article, for an airport or landing field may be paid for 
by appropriation of moneys available therefor or wholly or partly from the pro- 
ceeds of the sale of bonds of such county, municipality or other political sub- 
division as the legislative body of such political subdivision shall determine; 
subject, however, to the adoption of a proposition therefor at a regular or 
special election, if the adoption of such a proposition is a prerequisite to the 
issuance of bonds of such political subdivision for public purposes generally. 

1942 Code § 7112-34; 1937 (40) 466. 

§2-118. Finances. 

The local public authorities having power to appropriate moneys within the 
counties, municipalities or other political subdivisions of this State acquiring, 
establishing, developing, operating, maintaining or controlling airports or land- 

110 



§2-119 Aeronautics §2-132 

ing fields under the provisions of this article may appropriate and cause to be 
raised by taxation or otherwise in such political subdivisions moneys suffi- 
cient to carry out therein the provisions of this article and may also use for any 
such purpose moneys derived from such airports or landing fields. 
1942 Code § 7112-36; 1937 (40) 466. 

§2-119. Local police regulations. 

Counties, municipalities or other political subdivisions of this State acquir- 
ing, establishing, developing, operating, maintaining, controlling or having 
an interest in airports or landing fields, without the geographical limits of 
such subdivisions, under the provisions of this article may promulgate, 
amend and enforce police regulations for such airports or landing fields, ir- 
respective of whether or not the title to the properties is vested in. and 
the management and operation of any such airport or landing field is by, a 
commission created by statute or otherwise. 

1942 Code § 7112-39; 1937 (40) 466; 1942 (42) 1S22. 

§ 2-120. Intent and construction of article. 

It is the intent and purpose of this article that all provisions herein relating 
to the issuance of bonds and levying of taxes for airport purposes and con- 
demnation for airports and airport facilities shall be construed in accordance 
with the general provisions of the law of this State governing the right and 
procedure of municipalities to condemn property, issue bonds and levy taxes. 

1942 Code § 7112-40; 1947 (40) 466. 

Article 2. 

Regulations in Connection with Certain Airports. 
§ 2-131. Protection of certain airfields. 

The governing body of any county in which there is a United States Air 
Force base or airfield may make reasonable rules and regulations prohibiting, 
within a reasonable distance from the base or airfield, (a) the erection of 
any building, tower or other structure or the allowing of natural growth 
or other hazard to aircraft, above certain maximum heights which shall be 
increased at varying distances from the base or airfield and/or (b) the use 
of land in a manner which will create electrical interference with radio com- 
munication between aircraft and the base, confuse or impair visibility in the 
vicinity of the base or otherwise endanger the landing, taking-off, or ma- 
neuvering of aircraft using the base. 

1951 (47) 68. 

§ 2-132. Hearing prerequisite to effectiveness of regulations. 

The rules and regulations authorized by § 2-131 shall become effective only 
after a public hearing, notice of which shall be published at least once a week 
for two weeks in a newspaper published and in general circulation in the 
county affected thereby. 

1951 (47) 68. 

Ill 



§2-133 



Code of Laws of South Carolina 



§2-133 



§2-133. Penalties. 

After they become effective, it shall be unlawful for any person to violate 
such rules and regulations and any person violating any of them shall, upon 
conviction, be fined not exceeding one hundred dollars or imprisoned for not 
more than thirty days. Each day of the violation shall constitute a separate 
offense. 

1951 (47) 68. 



CHAPTER 4. 
Particular Airports. 



Article 1. 
Capital Airport. 
Sec. 

2-201. Board of Commissioners; officers. 
2-202. Powers of Board. 
2-203. Director. 

2-204. Payment of costs of operating air- 
port. 
2-205. Borrowing; gifts. 

Article 2. 

Abbeville County. 

2-211. Airport Commission; appointment. 
2-212. Term and qualifications of members. 
2-213. Duties and powers. 

Article 3. 

Anderson County. 

2-221. Appointment of Airport Commission. 

2-222. Terms and removal of members. 

2-223. Chairman. 

2-224. Powers and duties. 

2-225. Contributions by city and county. 

2-226. Further powers. 

Article 4. 

City of Beaufort. 

2-231. Beaufort may acquire lands for avi- 
ation field. 

Article 5. 

Charleston County. 

2-241. Closing roads adjacent to Charles- 
ton's airport. 

Article 6. 

Gaffney-Cherokee County. 

2-251. Creation of Commission. 2-302. 

2-252. Use of funds; reimbursements; title. 2-303. 

2-253. Assistance; lease of property. 2-304. 
2-254. Sale of excess property. 

112 



Article 7. 
Chester County. 
Sec. 

2-261. Appointment of Commissioners. 

2-262. Compensation of members. 

2-263. Quorum. 

2-264. General powers. 

2-265. Acquisition of approaches, clearance 

rights, etc. 
2-266. Sale, lease, etc., of airport or surplus 

property thereof. 
2-267. Covenants in deeds against hazards. 
2-268. Execution of deed. 
2-269. No revenue stamps on deed in such 

case. 
2-270. Disposition of proceeds of sales and 

surplus funds. 

Article 8. 

Walterboro-Colleton County. 

2-281. Commission established; member- 
ship; officers; compensation. 

Walterboro Army Air Field. 

Commission to operate and maintain 
field. 

Further powers of Commission. 

Maintenance of property intact; sale 
of unneeded portions. 

Preference as to purchase. 

Request for bids prerequisite to later 
private sale. 

No sale through subdivision. 

Sale as a whole. 

Deposit and disbursement of funds. 

Advances for Commission; repay- 
ment. 

Article 9. 

Fairfield County. 

Appointment of Commission, etc. 
Tax for airport. 
Use of funds. 

Lease or sale to United States or 
agency thereof. 



2-282. 
2-283. 

2-284. 
2-285. 

2-286. 
2-287. 

2-288. 
2-289. 
2-290. 
2-291. 



2-301 



Aeronautics 



Article 10. 

Florence City. 
Sec. 
2-311. Florence airport. 

Article 11. 



Greenwood County. 



2-321. 
2-322. 
2-323. 
2-324. 
2-325. 
2-326. 



Greenwood Airport Commission. 

Terms. 

Officers. 

Duties and powers of officers. 

Secretary-treasurer to furnish bond. 

Control of airports; expenditures and 
contracts. 
2-327. Accounts; funds; audit; reports. 
2-328. Reimbursement of members for ex- 
penses. 

Article 12. 
Horry County. 

2-331. Horry County Airport Board; elec- 
tion. 

2-332. Vacancies and removal. 

2-333. Terms of office. 

2-334. Duties and powers. 

2-33S. Board to act as agent for Horry 
County. 

Article 13. 
Myrtle Beach. 

2-341. Appointment of Commission; term. 
2-342. Vacancies; dismissal; removal. 
2-343. Powers of Commission. 

Article 14. 
Jasper County. 

2-351. Commission; appointment, terms, va- 
cancies, compensation and chair- 
man. 

2-352. Acquisition and disposition of prop- 
erty. 

2-353. Contracts with United States. 

2-354. Operation, maintenance and control 
of airport. 

Article 15. 
Camden and Kershaw County. 
2-361. Powers. 

Article 16. 

The Town of Kershaw. 

2-371. Kershaw Airport Commission. 
2-372. Powers. 



Article 17. 

Lexington County. 

Sec. 

2-381. Deeds from Federal Government. 
2-382. Execution of deeds, etc. 
2-383. Agent to manage, etc. 
2-384. Agent to encourage location of in- 
dustries. 
2-385. Airport Fund; payment of expenses. 
2-386. Sale or lease of property. 
2-387. Article cumulative. 

Article 18. 
Marlboro County. 

2-391. Marlboro County Airport Board. 
2-392. Officers of Board; meetings. 
2-393. Duties and powers. 
2-394. Board an agency of county. 

Article 19. 
McCormick County. 

2-401. Commission; appointment. 

2-402. Duties and powers. 

2-403. Term; vacancy; qualification. 

Article 20. 

Newberry County. 

2-411. Newberry Airport Commission. 
2-412. Terms. 
2-413. Duties and powers. 
2-414. Deposit and expenditure of funds; 
annual statement. 

Article 21. 
Shaw Field, Sumter County. 
2-421. Building in vicinity of Shaw Field. 



Article 22. 
Whitmire City. 
Whitmire Airport Commission. 



2-431. 
2-432. 
2-433. 
2-434. 



2-441. 

2-442. 
2-443. 
2-444. 



Duties and powers. 
Terms; qualification. 
Deposit and expenditure of funds; 
annual statement. 

Article 23. 
Saluda County. 

Commission; pay, officers, terms and 
appointment. 

Duties and powers. 

Gifts; management of property. 

Investigation and report on estab- 
lishing airport. 



[I SCCode]— 8 



113 



§ 2-201 



Code of Laws of South Carolina 



§ 2-202 



Article 24. 
Williamsburg County. 

Sec. 

2-451. Williamsburg County Aeronautics 
Board. 

2-452. Terms; vacancies; further recom- 
mendation for appointment. 

2-453. Compensation of members; chair- 
man. 

2-454. Acquisition and disposition of prop- 
erty; donations. 

2-455. Lease of property to or agreement 
with United States. 

2-456. Powers cumulative. 

2-457. Agent for Williamsburg County. 

2-458. Airport fund. 

2-459. Intent of article. 



Article 25. 

Catawba and Ebenezer Townships, 
York County. 
Sec. 

2-471. Catawba-Ebenezer Airport Commis- 
sion. 

2-472. Appointment; term; vacancy. 

2-473. Employment of personnel; bids; 
rules and regulations. 

2-474. Acquisition and disposal of property; 
gifts. 

2-475. Lease of property to or contract with 
State or United States. 

2-476. How Commission to act; execution 
of papers. 

2-477. Commission may not bind townships 
to unauthorized expenditures. 

2-478. Expenses of Commission. 



Article 1. 
Capital Airport. 

§ 2-201. Board of Commissioners ; officers. 

The Board of Commissioners of the Capital Airport shall consist of five 
members to be selected as follows : Two members shall be elected by a ma- 
jority of the Lexington county legislative delegation, which majority shall in- 
clude the vote of the Senator, one member thereof shall be elected by a major- 
ity of the Richland county legislative delegation, which majority shall include 
the vote of the Senator, one member thereof shall be elected by the Columbia 
city council, and the four members so elected, by a majority vote, shall elect a 
fifth member. The Board of Commissioners so selected shall assume the 
duties of their office immediately upon their election as aforesaid and shall 
remain in office for a term of two years from May 19th of the year in which 
they are selected and until their successors are so selected. The members of 
said Board shall serve without pay and shall elect from the members a chair- 
man and a secretary. 

1947 (45) 554. 



§ 2-202. Powers of Board. 

The Board of Commissioners of the Capital Airport is hereby vested with 
all the power and authority conferred upon counties and municipalities by 
article 1 of chapter 3 of this Title, and may lease any portion of the property 
now owned by Lexington County or quitclaimed to said county by the United 
States of America under deed dated April 7 1947, recorded in the clerk of 
court's office for Lexington County in Deed Book 6-E, pages 26 through 30, 
inclusive, the same being a part of the property commonly called the Colum- 
bia Army Air Base, and may further operate and manage such properties 
leased from Lexington County as an airport which shall be designated the 
Capital Airport. 

1947 (45) 554. 

114 [ISC Code] 



§ 2-203 Aeronautics § 2-205 

§ 2-203. Director. 

The Board of Commissioners may elect a Director whose election, term of 
office and salary shall be fixed by the Board with the consent and approval of 
a majority of the Lexington county legislative delegation, a majority of the 
Richland county legislative delegation and a majority of the city council of 
the city of Columbia. The Director so elected shall supervise the management 
and operation of the Capital Airport pursuant to the authority herein con- 
ferred upon the Board and the rules and regulations promulgated from time 
to time by the Board and his services may be terminated for cause. 

1947 (45) 554. 

§ 2-204. Payment of costs of operating airport. 

The cost and expenses of operating and managing the Capital Airport for 
any period of time shall be first agreed upon by the Senator and at least one 
half of the members of the House delegation of Lexington County, by the Sen- 
ator and at least one half of the members of the House delegation of Richland 
County and by a majority of the Columbia city council. Such cost and ex- 
penses shall be prorated between said entities as follows : Lexington County, 
one-fourth thereof, Richland County, three-eighths thereof, and the city of 
Columbia, three-eighths thereof. Such appropriation, if necessary, shall sup- 
plement the revenues of every kind and description received from any source 
whatsoever by the Board in the operation and management of the Capital 
Airport. In the event such revenue exceeds the amount agreed upon by Lex- 
ington County, Richland County and the city of Columbia as aforesaid in the op- 
eration and management of said airport, then such surplus may be expended 
on improvements to the property under lease. But in no event shall said 
Board exceed the fund so agreed upon or incur any debt or obligation for such 
cost and expenses in anticipation of future such appropriations. 

1947 (45) 554. 

* 

§2-205. Borrowing; gifts. 

The Board of Commissioners may, by and with the consent of a majority 
of the Lexington county legislative delegation, a majority of the Richland 
county legislative delegation and by a majority of the Columbia city council, 
(a) borrow money and pledge anticipated revenues derived from the operation 
of the Capital Airport in payment thereof for the purpose of erecting and con- 
structing a terminal building and control tower or any such other buildings 
as may be necessary for the proper and adequate operation and management 
of said airport, (b) use such funds, and match Federal grants, if necessary, 
with such borrowed funds, and (c) receive and accept gifts or grants of ma- 
terials, supplies or money, direct or indirect, from the United States Govern- 
ment or any of its several agencies or departments or from any other source 
whatsoever. 

1947 (45) 554. 

115 



§ 2-211 Code of Laws of South Carolina § 2-223 

Article 2. 
Abbeville County. 

§ 2-211. Airport Commission; appointment. 

The Abbeville Airport Commission for the county and city of Abbeville 
shall consist of three members, two to be appointed by the legislative delega- 
tion of Abbeville County, and one by the city council of the city of Abbeville. 

1947 (45) 51. 

§ 2-212. Term and qualifications of members. 

Each of the commissioners shall serve for a period of four years from the 
time of his appointment. The qualification of each commissioner shall be by 
his written consent to act as such officer. 

1947 (45) 51. 

§2-213. Duties and powers. 

The Commission may manage the Abbeville Airport and make all necessary 
rules and regulations thereabout with the Federal Government, shall generally 
assist the Federal Government in matters arising concerning said airport and 
shall have general supervision and control with the Federal Government and 
in accord with all contracts made after March 11 1947. 

1947 (45) 51. 

Article 3. 

Anderson County. 

§ 2-221. Appointment of Airport Commission. 

/ The Anderson Airport Commission shall consist of five members to be se- 
lected as follows : Two by the city council of the city of Anderson, two by the 
Anderson County delegation in the General Assembly and one to be selected 
by a majority vote of the four selected as hereinabove provided. 
1942 Code § 7675-4; 1934 (38) 1194. 

§ 2-222. Terms and removal of members. 

The members of the Commission having been originally appointed, two for 
a period of two years, two for a period of four years, and one for a period of 
six years, the term of office of each commissioner shall hereafter be for a 
period of two years and until his successor is appointed and qualifies. The re- 
spective appointive bodies shall have the right to remove their respective 
appointees at pleasure. 

1942 Code § 7675-4; 1934 (38) 1194. 

§ 2-223. Chairman. 

The Commission shall select one of its members as chairman. 
1942 Code § 7675-4; 1934 (38) 1194. 

116 



§ 2-224 Aeronautics § 2-231 

§ 2-224. Powers and duties. 

The Commission may receive any gifts or donations from any source and 
also may hold and enjoy property, both real and personal, in the county of 
Anderson, as granted to individuals under the laws of this State, for the purpose 
of establishing and maintaining aeroplane landing fields and such other purpose 
not inconsistent with the primary purpose of establishing and maintaining aeroplane 
landing fields in the county of Anderson and may sell, rent or lease any part or 
parcel of lands acquired as a site for an airport, provided the same is not es- 
sential to the landing field; and provided, further, that moneys received from 
such sale be expended on maintenance, improvement and equipment for the 
airport. And the Commission may make such rules and regulations as may 
be necessary in the conduct and operation of such aeroplane landing fields and 
such other purpose not inconsistent with the primary purpose of establishing 
and maintaining aeroplane landing fields. The Commission may condemn, 
take and use any land or property it may deem necessary for the purpose of 
establishing and protecting aeroplane landing fields, such condemnations to 
be had and done in the same manner as provided in §§ 59-201 to 59-211. 

1942 Code § 7675-4; 1934 (38) 1194. 

§ 2-225. Contributions by city and county. 

The city and county of Anderson may appropriate and donate to the Com- 
mission such sums of money as they may deem expedient and necessary for 
the purpose aforesaid. 

1942 Code § 7675-4; 1934 (38) 1194. 

§ 2-226. Further powers. 

In case the property acquired by the Commission as aforesaid shall prove 
inadequate for the purposes herein stated, then all of the property, both real 
and personal, may be by the Commission sold and converted into cash or 
equities and the proceeds shall be re-invested in a more adequate airport; 
but in case of total abandonment the proceeds shall be equally divided be- 
tween the city of Anderson and the county of Anderson, and to that end the 
Commission may, by such officers as it may designate, make, execute and 
deliver a deed or deeds of conveyance to any and all of such property. 

1942 Code § 7675-4; 1934 (38) 1194. 

Article 4. 

City of Beaufort. 

§ 2-231. Beaufort may acquire lands for aviation field. 

The city council of the city of Beaufort may secure by purchase, condemna- 
tion, lease, gift or otherwise any land or lands, within or without the city of 
Beaufort, for the purpose of establishing and maintaining an aviation field 
or fields and may secure the services of any person or persons necessary to 
the operation of the same. The city council of the city of Beaufort may sell, 
lease or give to the United States Government, or any authorized department 
thereof, any land or lands owned or under lease, subject to such lease, to be 

117 



§ 2-241 Code of Laws of South Carolina § 2-252 

used as an aviation field; and may enter into any agreement or agreements 
with the United States Government, or any department thereof, and any cor- 
poration, association or person incident to the establishment, maintaining and 
operation of an aviation field or fields in Beaufort or its vicinity. 
1942 Code § 7675-8; 1932 (37) 1462. 

Article 5. 
Charleston County. 

§ 2-241. Closing roads adjacent to Charleston's airport. 

The county council of Charleston County shall, upon the request of the city 
council of Charleston, close to use by the public any and all roads of what- 
ever kind running through any lands of the city council of Charleston adja- 
cent to the municipal airport of said city and now being used or hereafter to 
be used as a part of said city's municipal airport or in connection with the 
operation of said airport. 

1942 Code § 4076-7; 1941 (42) 310. 

Article 6. 
Gaffney-Cherokee County. 

§2-251. Creation of Commission. 

There is hereby created the Gaffney-Cherokee County Airport Commis- 
sion as a part of the government of the city of Gaffney and Cherokee County. 
The Commission shall consist of five members who shall serve without com- 
pensation. One member, who shall be chairman of the Commission, shall 
be appointed by a majority of the city council of the city of Gaffney and a 
majority of the governing body of Cherokee County. Two members shall 
be appointed by a majority of the city council of the city of Gaffney and two 
members by a majority of the governing body of Cherokee County. The 
original member appointed jointly and two of the four members appointed 
separately having been appointed for four years and the other two members 
for two years, all for terms beginning May 1 1946, all successors to the 
original members have been and shall be appointed for a term of four years 
and until their successors shall be appointed and qualified. 

1946 (44) 1573. 

§ 2-252. Use of funds ; reimbursement ; title. 

The Gaffney-Cherokee County Airport Commission may use out of the 
funds of Cherokee County not more than fifteen thousand dollars for the 
purpose of acquiring lands for an airport and acquiring approach and ob- 
struction rights thereto and for the construction and maintenance of such 
airport and to pay the expenses incident thereto, provided that the City of 
Gaffney make like funds available for the same purposes and the City of 
Gaffney and Cherokee County share equally in all expenditures of funds un- 
der this article. The sums so advanced by the City of Gaffney and Cherokee 
County shall be reimbursed to the city and county respectively when and 

118 



§ 2-253 Aeronautics § 2-262 

if the Commission shall have sufficient funds available therefor from reve- 
nues derived from the airport and its facilities. The title to all property- 
acquired, whether by gift, purchase or condemnation as provided by law, 
shall be in the name of the city of Gaffncy and Cherokee County. 
1946 (44) 1573. 

§ 2-253. Assistance; lease of property. 

The Gaffney-Cherokee County Airport Commission may make application 
to the United States of America and its various agencies and the State Aero- 
nautics Commission for any and all assistance in acquiring properties, ma- 
chinery and equipment needed for the airport and may lease so much of 
such property as may be necessary for the operation of the airport to the 
State Aeronautics Commission or to any person, firm or corporation, munici- 
pal or private, on such terms and conditions as may be determined by the 
Gaffney-Cherokee County Airport Commission. 

1946 (44) 1573. 

§ 2-254. Sale of excess property. 

If it be necessary to acquire more lands than required for the proper opera- 
tion of the airport, the Commission shall advertise and sell at public auction 
such excess lands and proper conveyances of the same shall be executed on 
behalf of the City of Gaffney by its mayor and city clerk and on behalf of 
the Cherokee County by its supervisor and the clerk of the governing body of 
the county. Every conveyance so made shall specifically provide that no 
construction or growth of any structure or object on such land shall be per- 
mitted so as to be a hazard to the landing, taking off or maneuvering of 
aircraft at the airport or otherwise limit the usefulness of the airport as an 
airport, nor shall such land be used in any manner that might be hazardous to or 
limit the usefulness of the airport as an airport. 

1946 (44) 1573. 

Article 7. 
Chester County. 

§ 2-261. Appointment of Commissioners. 

There is hereby created the Chester Airport Commission to consist of five 
members, two to be appointed by the city council of the city of Chester and 
three to be appointed by the Chester county legislative delegation. Each of 
such commissioners shall hold office for a term of four years and until his 
successor is appointed and qualified by the taking of the oath prescribed 
by the constitution of this State. 

1943 (43) 271. 

§ 2-262. Compensation of members. 

The members of the Commission shall be paid from the funds and moneys in 
their hands a per diem and a travel mileage of five cents per mile for each day 
served and each mile traveled in the performance of their duties as members 

119 



§ 2-263 Code of Laws of South Carolina § 2-266 

of the Commission not, however, exceeding a total expenditure of two hun- 
dred dollars per annum for the per diem and travel mileage for the entire 
Commission. 
1944 (43) 1238. 

§ 2-263. Quorum. 

Any three members of the Commission shall constitute a quorum with full 
power and authority to act for and in behalf of the Commission. 

1944 (43) 1238. 

§ 2-264. General powers. 

The Commission shall have general authority concerning the lands, moneys 
and properties of the airport in cooperation with the Federal Government and 
subject to such agreements as have been heretofore entered into concerning 
the same; shall generally assist the Federal Government in matters arising 
concerning said airport and the aforesaid lands, moneys and properties ; shall 
obtain information as requested by the officials of the city of Chester and 
Chester County and generally assist said city and county in all matters af- 
fecting said airport; and shall hold all moneys and funds of the city of Chester 
and Chester County which may be set aside for the construction and de- 
velopment of said airport and control and handle the expenditure thereof in 
accordance with the purposes for which such moneys and funds were in- 
tended and in accordance with the provisions of this article. The powers 
and authority granted to the Commission under the provisions of this article 
are in addition to all powers and authorities the Commission may have by 
virtue of the provisions of any other law. 

1943 (43) 271; 1944 (43) 1238. 

§ 2-265. Acquisition of approaches, clearance rights, etc. 

The Commission may make expenditures of the moneys and funds under 
its control, or so much thereof as may be necessary, for the purpose of ac- 
quiring approaches and obstruction and clearance rights to the airport and 
other lands adjacent thereto which shall be deemed necessary for the con- 
struction, maintenance and use of the airport, buildings and facilities and 
may pay the expenses incident thereto. 

1944 (43) 1238. 

§ 2-266. Sale, lease, etc., of airport or surplus property thereof. 

Upon the written approval of the members of the city council of the city of 
Chester, or a majority thereof, and the written approval of the members of 
the Chester County legislative delegation, or a majority thereof, the Com- 
mission may sell, lease or trade such airport land, property and rights, or 
any portion thereof, to the United States of America, any agency of the United 
States Government, the city of Chester or any agency or subdivision of said 
city or may sell, lease or trade any such land or property, or portion thereof, 
not needed for the use of such airport and which may be deemed and declared 
to be in excess of the amount of property required for the proper use and 

120 



§ 2-267 Aeronautics § 2-281 

operation of the airport. Any such transaction shall be either public or by 
the submission of sealed bids. If a public sale is held it shall be duly adver- 
tised and conducted in the same manner as sales held by the clerk of court 
in mortgage foreclosure cases. If a sale is made by submission of sealed 
bids, advertisement shall be duly made in a newspaper published in Chester 
County for at least two weeks prior to the time fixed for opening the bids and 
the bids shall be opened in public. 
1944 (43) 1238. 

§ 2-267. Covenants in deeds against hazards. 

In every conveyance of aiiy part of such land it shall be specifically provided 
that no construction or growth of any structure or object on such land shall 
be permitted so as to be a hazard to the landing, taking off or maneuvering 
of aircraft at the airport or otherwise limit the usefulness of the airport as 
an airport, nor shall such land be used in any manner that might be hazardous 
to or limit the usefulness of the airport as an airport. 

1944 (43) 1238. 

§ 2-268. Execution of deed. 

Upon the requirements and conditions of this article being met and com- 
plied with, the Commission may execute and deliver a proper deed in the 
name of the city of Chester and Chester County, conveying title to such prop- 
erty. 

1944 (43) 1238. 

§ 2-269. No revenue stamps on deed in such case. 

No revenue stamps shall be required to be affixed to any deed, instrument 
or writing by which any lands, tenements or other realty are granted, as- 
signed, transferred or otherwise conveyed to, for or from the airport. 

1944 (43) 1238. 

§ 2-270. Disposition of proceeds of sales and surplus funds. 

The proceeds of sale and all other transactions with respect to the said 
property shall be kept in a separate account, apart from all other city and 
county funds, and shall be used only for the purpose herein set forth. Any 
surplus funds remaining shall be divided between the city and county in pro- 
portion to their respective interest in the airport. 

1944 (43) 1238. 

Article 8. 

W olterboro-C olleton County. 

§2-281. Commission established; membership; officers; compensation. 

The Walterboro-Colleton County Airport Commission is hereby created 
and established as a body corporate and politic to serve as an agency and 
a part of the government of Colleton County and the town of Waltcrboro. 
The Commission shall consist of five members who shall be the Mayor of 
Waltcrboro, the chairman of the finance committee of the town council of 

121 



§ 2-282 Code of Laws of South Carolina § 2-283 

Walterboro, the supervisor of Colleton County, the treasurer of Colleton County 
and the auditor of Colleton County, the membership on the Commission being- 
held ex-ofncio hereafter by the holders of the above mentioned offices. The 
Commission shall have a chairman and secretary-treasurer to be elected by 
the members thereof and may adopt suitable by-laws, rules and regulations not 
inconsistent herewith for its proper operation. The members of the Com- 
mission shall serve without compensation. The secretary-treasurer shall 
furnish a surety bond in such amount as the Commission may from time 
to time determine, the premiums on such bond to be paid from the funds 
of the Commission. The secretary-treasurer may be a member of the Com- 
mission or some suitable person selected by the Commission at a compen- 
sation to be fixed by the Commission. 
1946 (44) 1548. 

§ 2-282. Walterboro Army Air Field. 

The action of the officials of the town of Walterboro and Colleton County 
in accepting from the United States of America and its various agencies a 
permit for the use, occupancy, operation and maintenance of the Walterboro 
Army Air Field, its facilities and appurtenant personal properties is hereby 
ratified and confirmed. The custody, care and control of the properties in- 
cluded in such permit is hereby vested in the Walterboro-Colleton County 
Airport Commission and the duties and responsibilities thereby incurred are 
hereby devolved on said Commission. The Commission shall enter into ne- 
gotiations with the United States Government for the acquisition of the 
Walterboro Army Air Field and its facilities by purchase or lease. All agree- 
ments in connection with the preliminary, permanent and final acquisition 
of the air field and its facilities and all contracts pertaining to the occupancy, 
operation and management of the airport may be authorized by proper 
resolution of the Commission and executed by it for the town of Walterboro 
and Colleton County, title to such properties as may be acquired to be taken 
in the name of the town of Walterboro and Colleton County, with each ac- 
quiring an undivided one-half interest therein. 

1946 (44) 1548; 1948 (45) 1949. 

§ 2-283. Commission to operate and maintain field. 

During the pendency of negotiations for the acquisition of the Walterboro 
Army Air Field and after it shall be acquired the Commission shall operate 
and maintain the air field and its facilities, for which purpose the Commis- 
sion may employ all necessary and suitable persons, one of the persons so 
employed to be superintendent of the airport and its facilities at an initial 
salary of two hundred dollars per month. The Commission may do all 
things necessary and advisable in the proper operation and maintenance of 
the air field. 

1946 (44) 1548. 



122 



§ 2-284 Aeronautics § 2-285 

§ 2-284. Further powers of Commission. 

Without limiting the generality of the foregoing, the Commission may: 

(1) Lease to the town of Waltcrboro the water system, in whole or part, 
in existence at the air field at a reasonable rental and upon terms and condi- 
tions to be determined by the Commission; 

(2) Lease to Colleton County, for use as a hospital, the hospital plant, 
equipment, buildings and suitable grounds at the air field at a rental of not 
less than four hundred dollars a month. Such rental may be reduced by the 
Commission if and when the Colleton County hospital board acquires for 
the county the hospital equipment now located in the airport hospital; 

(3) Provide housing as may be feasible to veterans at reasonable rentals 
and to that end may, if necessary or desirable in its judgment, construct and 
erect housing facilities on such lands and remodel existing structures for 
such uses; 

(4) Lease so much of the property as may be necessary for the operation 
of an airport to the State Aeronautics Commission or to any person, firm or 
corporation, municipal or private, on such terms and conditions as may be 
determined by the Commission ; 

(5) Enter into contracts or leases under such conditions as it may deter- 
mine with any person for industrial development for any part of the airfield 
lands, facilities and personal properties that may not be necessary for the 
use of the hospital, the airport or for veterans' housing; 

(6) Lease the electric distribution system to such public utility or munici- 
pal corporation and upon such terms and conditions as may be determined by 
the Commission ; 

(7) Lease the railroad belonging to the Airport to any person upon such 
terms and conditions as the Commission may determine. 

1946 (44) 1548. 

§2-285. Maintenance of property intact; sale of unneeded portions. 

All real, personal and mixed property acquired from the United States of 
America shall be maintained intact for the uses and purposes for which it 
was purchased. But if the Walterboro-Colleton County Airport Commis- 
sion shall by appropriate resolution determine that any of such real or per- 
sonal property or buildings or structures thereon are surplus to the needs for 
the purposes of this article and there are no restrictions on the use or disposal 
of such real or personal property under the deeds of the United States of 
America, the Commission may, after an appraisal of the value of such prop- 
erty by two competent disinterested appraisers, sell, dispose, transfer and 
convey any such real, personal or mixed property and give a good and valid 
title therefor and may sell the land, buildings and structures either at public 
auction or by sealed bids or by negotiated private sale for sums not less than 
the appraised value, after having given reasonable notice of the availability 
of such real, personal or mixed property for purchase. 

1946 (44) 1548; 1948 (45) 1949. 

123 



§ 2-236 Code of Laws of South Carolina § 2-291 

§ 2-286. Preference as to purchase. 

The town of Waltcrboro and Colleton County shall have priority and pref- 
erence to purchase any such personal, real or mixed property declared sur- 
plus for sums not less than the appraised value thereof. 

1946 (44) 1548; 1948 (45) 1949. 

§ 2-287. Request for bids prerequisite to later private sale. 

No negotiated private sale shall take place until the property has been pub- 
licly offered for sale by sealed bids or auction and no bids have been received 
in such manner in the amount of the appraised value or an amount above the 
appraised value which the Commission determines should be the sale price. 

1946(44) 1548; 1948 (45) 1949. 

§ 2-288. No sale through subdivision. 

The Airport Commission shall not sell the land by the lot subdivision plan. 
It shall be the policy of the Commission to sell the land in reasonably large 
wholesale parcels, so as not to compete with the various privately owned 
subdivisions in the county. 

1946 (44) 1548; 1948 (45) 1949. 

§ 2-289. Sale as a whole. 

The Commission may at any time advertise and offer for sale all of the land, 
exclusive of landing areas and hospital area, which are restricted under the 
deed by which such lands were acquired from the United States Government, 
and may, after such advertisement, sell the entire such holdings in one parcel 
for a consideration which shall be at least equal to the total investment of the 
town of Waltcrboro and Colleton County, in the purchase, maintenance and 
preservation of such property. In the event that satisfactory bids are not 
received after such advertisement the Commission may negotiate the sale 
of such entire tract as one parcel for a consideration which shall not be less 
than the total investment of the town of Waltcrboro and Colleton County in the 
purchase, maintenance and preservation of such property. In the event of 
such sale of such entire tract as one parcel, the Commission shall make ade- 
quate provision for the performance of its obligations to the United States 
Government relative to the maintenance of sewerage, water and electric 
facilities and any such sale shall be subject to all outstanding contracts for 
industrial purposes or otherwise. 

1946 (44) 1548; 1948 (45) 1949. 

§ 2-290. Deposit and disbursement of funds. 

The funds of the Commission shall be kept in accounts separate from 
other accounts of the town and county and shall be withdrawn only on checks 
or vouchers approved by the county supervisor and the mayor of Waltcrboro. 

1946 (44) 1548. 

§ 2-291. Advances for Commission; repayment. 

There shall be made available to the Commission to carry out its functions 
the sum of fifteen thousand dollars, of which five thousand dollars shall be 

124 



§2-301 Aeronautics §2-311 

made available by the town of Waltcrboro and ten thousand dollars by Colleton 
County. The sums so advanced by the town of Waltcrboro and Colleton 
County shall be reimbursed to the county and town respectively when and if 
the Commission shall have sufficient funds available therefor from revenues 
derived from the airport and its facilities. The county treasurer may pay 
from the reserve funds of the county to the secretary-treasurer of the Com- 
mission for its proper use the sum of ten thousand dollars to be advanced 
by the county for such purpose but with the condition that the town of 
Walterboro will advance five thousand dollars for similar uses. 
1946 (44) 1548. 

Article 9. 

Fairfield County. 

§ 2-301. Appointment of Commission, etc. 

The Fairfield County Aeronautics Commission shall consist of five mem- 
bers to be appointed by the legislative delegation of Fairfield County. The 
members shall serve without compensation. They shall elect a chairman 
who shall serve during the term of his appointment. The terms of the mem- 
bers shall be for two years unless they are removed for any reason by the 
legislative delegation. 

1943 (43) 139; 1946 (44) 1532. 

^<^§ 2-302. Tax for airport. 

The county auditor of Fairfield County shall levy a tax of one-half mill upon 
ST i all the taxable property in Fairfield County to pay the expenditures author- 
thorized by § 2-303, such tax to be levied and continued annually. 
1943 (43) 139; 1946 (44) 1532. 

§2-303. Use of funds. 

The Fairfield County Aeronautics Commission may use funds derived from 
the tax provided for in § 2-302 for the purpose of acquiring land for an airport 
and approach and obstruction rights thereto and for the construction and 
maintenance of such airport and to pay the expenses incident thereto. How- 
ever, any expenditure made by the Commission shall be subject to the ap- 
proval of the legislative delegation. 

1943 (43) 139; 1946 (44) 1532. 

^ § 2-304. Lease or sale to United States or agency thereof. 

iS$ The Fairfield County Aeronautics Commission may lease or sell such air- 
r f port property and rights to the United States Government or any agency 
of the United States Government. 
1943 (43) 139; 1946 (44) 1532. 

Article 10. 

Florence City. 

§2-311. Florence airport. 

The city of Florence may establish a municipal airport and purchase a tract 

125 



§ 2-321 Code of Laws of South Carolina § 2-325 

of land suitable for such purpose. Said city may also make such extensions, 
additions or improvements to such airport as are necessary, erect suitable 
buildings and hangars, maintain such airport and do all things needful or 
necessary to the operation or management thereof ; provided, however, that 
said city shall not be liable in damages for any neglect or mismanagement 
in the operation, maintenance or otherwise of such airport. 
1942 Code § 7675-26; 1932 (37) 1834. 

Article 11. 
Greenzvood County. 

§ 2-321. Greenwood Airport Commission. 

The Greenwood Airport Commission shall consist of three members, one 
appointed by the mayor and a majority of the city council of the city of 
Greenwood, one by the senator and a majority of the legislative delegation 
of Greenwood County and one by joint action of the mayor and a majority 
of city council and of the senator and majority of the legislative delegation. 

1946 (44) 1554. 

§2-322. Terms. 

The initial terms of the members of the Commission having expired, re- 
*.- spectively, on May 1 1948, May 1 1949 and May 1 1950, the regular terms 
of office hereafter shall be for periods of four years each from the expiration 
I o T of the next preceding term. 
f-± O 1946 (44) 1554. 

§2-323. Officers. 

The Commission shall elect from its membership a chairman and a secre- 
tary-treasurer, each for a term of one year and until his successor has been 
elected and qualified. 

1946 (44) 1554. 

§ 2-324. Duties and powers of officers. 

The chairman shall preside at meetings of the Commission and give gen- 
eral supervision to the work of the Commission. The secretary-treasurer 
shall make and preserve permanent minutes of all meetings of the Commis- 
sion and shall accept all funds made available to the Commission through 
rents or otherwise and deposit them in the name of the Commission, subject 
to the order of the Commission, in some solvent bank or banks of Greenzvood 
County. No checks or drafts against the bank accounts of the Commission 
shall be honored or paid unless signed both by the chairman and the secre- 
tary-treasurer. 

1946 (44) 1554. 

§ 2-325. Secretary-treasurer to furnish bond. 

The secretary-treasurer shall, before assuming the duties of his office, de- 
liver to the finance board of Greenzvood County his fidelity bond with corporate 
surety in the penal sum of one thousand dollars, payable to Greenzvood County 

126 



§2-326 Aeronautics §2-331 

and the city of Greenzvood, in the form of other official bonds, subject to ap- 
proval both as to form and surety by the finance board of Greenzvood County. 
After approval the bond shall be recorded and filed in the office of the clerk of 
the court of common pleas for Greenzvood County. The Commission shall 
pay the premiums on such bond. 
1946 (44) 1554. 

§ 2-326. Control of airports ; expenditures and contracts. 

The Commission shall take charge of and manage the Greenwood County 
Airport and any other airports or landing fields which Greenzvood County and 
the city of Greenwood may jointly acquire and shall make all necessary rules 
and regulations relative thereto. The Commission may disburse its funds 
and make contracts on such terms as it may deem expedient and to the best 
interest of the county and city relative to the use of such airports and landing 
fields and for the promotion of air transport for the county and city. But 
the Commission shall not have authority to create obligations of Green- 
zvood County or the city of Greenzvood beyond the resources of the Commis- 
sion. 

1946 (44) 1554. 

§ 2-327. Accounts ; funds ; audit ; reports 

The Commission shall keep its accounts and funds separate from those of 
the county and city but they shall be subject to inspection and audit by the 
proper officials of the county and city at any time. The Commission shall 
prepare an annual report of its receipts and disbursements and for what pur- 
pose and an inventory of its assets and outstanding obligations and contracts 
as of July 1st of each year and shall file copies thereof with the clerk to the 
finance board of Greenzvood County and the clerk of the city of Greenzvood on 
on before August 1st of each year. 

1946 (44) 1554. 

§ 2-328. Reimbursement of members for expenses. 

The Commission may reimburse its members for their actual expenses in- 
curred on the business of the Commission. 

1946 (44) 1554. 

Article 12. 

Horry County. 

§ 2-331. Horry County Airport Board; election. 

The Horry County Airport Board shall be composed of five members, to 
serve without compensation, who shall be elected by a majority, including the 
senator, of the Horry County legislative delegation. They shall be commis- 
sioned by the Governor forthwith upon their election, but pending the issu- 
ance of such commissions, they shall have all the powers and authority herein 
given to the board and its members. 

1947 (45) 288. 

127 



§ 2-332 Code of Laws of South Carolina § 2-335 

§ 2-332. Vacancies and removal. 

In the event of a vacancy caused by death, resignation, removal or other- 
wise a successor shall be elected in the manner above provided to serve for 
the remainder of the unexpired term. Any such member may be removed by 
the legislative delegation for good cause after a hearing thereon by the del- 
egation. 

1947 (45) 288. 

§ 2-333. Terms of office. 

The term of office of the members of the Horry County Airport Board hav- 
ing been originally for two and four years, respectively, the term of the suc- 
cessors in office of the original members shall be four years and until the 
election and qualification of their successors, who shall be elected in the same 
manner and have like terms. 

1947 (45) 288. 

§ 2-334. Duties and powers. 

The Horry County Airport Board shall have the following duties, powers 
and authority, to wit : 

(1) It shall be and constitute the board contemplated in and provided by 
the legislation passed by the General Assembly of this State to administer in 
Horry County all aeronautics laws and the handling of all matters provided 
in such legislation affecting the airport or airports of Horry County, including 
the receiving and expenditure of all funds provided to be expended by said 
county for such airport or airports in said county ; 

(2) It shall have complete control of the allocation, disbursement and ex- 
penditure of all funds provided by the legislative delegation for Horry County 
in the Horry County Supply Act for each fiscal year for contribution or aid 
to such airport or airports and aeronautical activities in Horry County ; 

(3) It shall have general authority concerning the land now owned or hereafter 
acquired by the county for airport or aeronautical purposes, shall generally assist 
the Federal Government and the officials of Horry County in all matters af- 
fecting the airport or airports now located or hereafter to be located in said 
county ; and 

(4) It may make such contracts and enter into such agreements as in its 
opinion is to the best interest of said county. 

1947 (45) 288. 

§ 2-335. Board to act as agent for Horry County. 

The Horry County Airport Board is constituted an agency of Horry County ; 
and it shall accept for and in behalf of Horry County a deed from the Federal 
Goverment or any of its agencies to all or any portion of the airport property 
situate in Horry County. The Board shall also sign in behalf of Horry County 
any proposed deed from the Federal Government or any of its agencies to all 
or any portion of such property, binding Horry County by its signature to all 
conditions, restrictions, reservations and provisions whatsoever contained in 
such deed, the Board being constituted the only agency so to act in behalf of 

128 



§2-341 Aeronautics §2-351 

Horry County. The deed when signed by a majority of Horry County Air- 
port Board shall in all respects constitute the act of Horry County. 
1947 (45) 288. 

Article 13. 
Myrtle Beach. 

§ 2-341. Appointment of Commission; term. 

The town of Myrtle Beach may create a Commission to be thereafter known 
as Myrtle Beach Airport Commission, consisting of five members. Such mem- 
bers, under the first appointment by the town of Myrtle Beach shall hold office 
for periods of five, four, three, two and one years, respectively, and until their 
successors have been duly appointed by the town of Myrtle Beach. Such ap- 
pointments shall be designated as five year member, four year member, etc., 
and after the expiration of the term of each member, he or a successor shall 
be appointed for a period of five years, so that a five year member of the 
Commission shall be appointed by the town of Myrtle Beach each year, such 
appointment to be made on or before October 1st of each year. 

1949 (46) 239. 

§ 2-342. Vacancies ; dismissal ; removal. 

If a vacancy in the Commission should exist, the town of Myrtle Beach shall 
appoint a member to fill the unexpired term of the vacancy, and the town 
shall adopt, by ordinance, such rules and regulations with reference to dis- 
missal or removal from office of a Commissioner as it deems proper. 

1949 (46) 239. 

§ 2-343. Powers of Commission. 

The Commission so appointed by the town of Myrtle Beach may manage, 
maintain, trade, lease, sell, purchase and otherwise operate the Myrtle Beach 
Airport with the same authority as was granted to the town of Myrtle Beach 
under a deed from the United States of America to the town of Myrtle Beach, 
dated October 22 194S and recorded October 26 1948 in the office of the 
Clerk of Court for Horry County and under the same authority as is now 
granted to the town of Myrtle Beach by Public Law No. 289 and any other 
Acts of Congress which may affect the same. Such authority shall be trans- 
ferred to the Commission by proper ordinance of the town of Myrtle Beach. 

1949 (46) 239. 

Article 14. 

Jasper County. 

§ 2-351. Commission; appointment, terms, vacancies, compensation and chair- 
man. 

There is hereby created a Commission for and in behalf of Jasper County, 
known as "The Jasper County Aeronautics Commission," which shall con- 
sist of three members who are residents of said County and who shall be ap- 
[ ISC Code]— 9 129 



§ 2-352 Code of Laws of South Carolina § 2-361 

pointed by the Governor upon the recommendation of the legislative delega- 
tion from said county. The terms of office of the members shall be two years, 
the terms of office of the initial members having been one for one year, one 
for two years and one for three years. All vacancies in the membership of the 
Commission shall be filled by appointment for the unexpired term in like 
manner as appointments are made for the full term. Members of the Com- 
mission shall not receive any compensation for their services. The members 
shall from time to time select one of their number as chairman of the Com- 
mission. 
1949 (46) 12. 

§ 2-352. Acquisition and disposition of property. 

The Commission may acquire by grant, purchase or lease real property and 
rights of way for an airport and aeronautical purposes and may so acquire ap- 
proaches and obstruction rights for airport and aeronautical purposes. The 
Commission may also sell, lease, trade, convey and exchange such prop- 
erty and rights theretofore acquired as in its opinion are not needed for 
the purposes for which they were acquired. The manner of acquiring prop- 
erty by condemnation as authorized in this article may be the same as is pro- 
vided by law for the condemnation of rights of way for road purposes by the 
State Highway Commission. The Commission may receive by gift or do- 
nation moneys and other property to be used by it in carrying out the purposes 
of this article. 

1949 (46) 12. 

§ 2-353. Contracts with United States. 

The Commission may lease to the United States of America or to any agency 
thereof any and all of the property and rights acquired by the Commission. 
The Commission may also enter into agreements with the United States of 
America or any agency thereof relative to the establishment, operation and 
maintenance of an airport and aeronautical field in said county. All such leas- 
es and agreements shall be valid and binding upon the Commission and the 
county. 

1949 (46) 12. 

§ 2-354. Operation, maintenance and control of airport. 

The Commission may promulgate rules or regulations in connection with 
the operation of the airport and may do anything which in their discretion is 
proper relative to the operation, maintenance or control of the airport. 

1949 (46) 12. 

Article 15. 
Camden and Kersliaw County. 

§2-361. Powers. 

The city of Camden may manage and control all airport property and equip- 
ment, both real and personal, owned by the city. The city may also make all 

130 [ 1 SC Code] 



§ 2-371 Aeronautics § 2-382 

necessary rules and regulations required for the proper management, opera- 
tion and control of such properties and shall be responsible for the mainte- 
nance of the airport and its operation, regulation and control. 
1947 (45) 204; 1950 (46) 2126. 

Article 16. 
The Town of Kershaw. 

§ 2-371. Kershaw Airport Commission. 

The Town of Kershaw Airport Commission shall consist of five members 
who shall be appointed by a majority of the town council of the town of 
Kershaw. The members shall be residents of either Kershaw County or Lan- 
caster County. Each member of the Commission shall be appointed for a 
period of two years and may succeed himself. In case of a vacancy by death 
or otherwise, successors may be appointed in the manner above provided. 
The commissioners shall elect one of their members chairman and one as sec- 
retary-treasurer, who shall serve without pay. 

1947 (45) 265. 

§ 2-372. Powers. 

The Commission may manage and control all airport property and equip- 
ment, both real and personal, owned by the town of Kershaw. The Commis- 
sion may also make all necessary rules and regulations required for the proper 
management, operation and control of such properties. 

1947 (45) 265. 

Article 17. 
Lexington County. 

§ 2-381. Deeds from Federal Government. 

The governing body of Lexington County may accept deeds to, own, control, 
lease, sell, manage, operate and maintain the property in Lexington County re- 
turned to said county by agreement dated April 7 1947 and conveyed by deed 
of said date to said county by the War Assets Administration of the Federal 
Government. The authorization shall include all of the real estate, facilities, 
equipment and buildings and any and all other property of any kind connected 
therewith or any part thereof. All provisions of this article shall apply also to 
any property acquired after April 15 1947 from the Federal Government, or 
any of its agencies, when such property constituted a part of the former Army 
Air Base, known as the Columbia Army Air Base. 

1947 (45) 132, 297. 

§ 2-382. Execution of deeds, etc. 

The governing body of Lexington County, in order to control, lease, sell, 
manage, operate or maintain any of the aforesaid property, may make, execute 
and deliver deeds or any other papers or instruments of writing and do any 

131 



§ 2-383 Code of Laws of South Carolina § 2-385 

and all things necessary, expedient or convenient in reference to such prop- 
erty. 

1947 (45) 132, 297. 

§ 2-383. Agent to manage, etc. 

The governing body of Lexington County may employ an agent for the 
purpose of controlling, leasing, selling, managing, operating and maintaining 
such property hereinabove referred to and may delegate to such agent full 
power and authority to do any and all things necessary or expedient with 
regard to such property or any part thereof. Any agent so appointed by such 
governing body shall have the terms of such appointment made in writing 
and a copy of such writing shall be recorded in the office of the clerk of court 
of general sessions and common pleas in and for said county. The term of 
office of any agent so appointed shall be for a period of two years and until his 
successor shall have been appointed and qualified and his successor shall be 
appointed in like manner and for a like term. In case of a vacancy in the 
office of the agent it shall be filled by appointment by the governing body for 
the unexpired term. Any such agent appointed by the governing body shall 
receive such compensation as may be fixed by the governing body, not to ex- 
ceed six thousand dollars per annum ; provided, that if there be more than one 
agent at the same time, their aggregate salary shall not exceed six thousand 
dollars per annum. Any agent appointed under the provisions of this article 
shall, before assuming the duties of his appointment, enter into a surety bond 
in the sum of ten thousand dollars for the faithful performance of his duties 
as such agent, with an insurance company licensed to do business in this State 
as surety thereto. The premium of such bond shall be paid in like manner 
as other expenditures incurred in carrying out the purposes of this article. 

1947 (45) 132, 297. 

§ 2-384. Agent to encourage location of industries. 

Such agent shall be required by the governing body of Lexington County 
to lend aid, to encourage and to support every effort possible in bringing to 
the county worthwhile and permanent industries seeking location within the 
borders of this State. 

1947 (45) 132, 297. 

§ 2-385. Airport Fund ; payment of expenses. 

There has been created a fund known as the Airport Fund and there was 
appropriated from the general funds of the county the sum of ten thousand 
dollars which the county treasurer placed in said fund. All expenditures in- 
curred in carrying out the provisions of this article shall be paid out of said 
Airport Fund. All moneys received under the provisions of this article by 
the governing body of the county or any agent appointed by the governing 
body shall be placed in the Airport Fund. Such expenditures shall be paid 
upon warrants drawn by the agent, or by the chairman of the governing body 
in case there be no agent, with a sworn, itemized statement of same annexed 
thereto. The drawer of such warrants shall quarterly file with the governing 

132 



§ 2-386 Aeronautics § 2-393 

body a sworn itemized statement of all official acts of the drawer of such 
warrants and expenses incurred and receipts of money received by him in 
carrying out the purposes of this article. 
1947 (45) 132, 297. 

§ 2-386. Sale or lease of property. 

The governing body of the county may, in their discretion, sell or lease 
any or all of the above mentioned property at public or private sale. 

1947 (45) 297. 

§ 2-387. Article cumulative. 

No provision contained in this article shall be construed to abridge the rights 
and powers granted to the governing body of Lexington County under the 
general law of this State but the powers and authority granted under the 
provisions of this article shall be cumulative and additional to the powers and 
authority heretofore granted to the governing body either under the general 
law or any special delegation of power. 

1947 (45) 132. 

Article 18. * J^JJ-jy 

Marlboro County. 

§ 2-391. Marlboro County Airport Board. 

The Marlboro County Airport Board shall be composed of five members 
who shall be elected by a majority, including the senator, of the Marlboro 
County legislative delegation and who shall hold office for terms of three years 
and until the election and qualification of their successors, who shall be elected 
in the same manner and for like terms. They shall be commissioned by the 
Governor forthwith upon their election but pending the issuance of such com-_ 
missions such members shall have all of the powers and authority herein given /{- lf~*f- 
unto said Board and its members. In the event of a vacancy caused by death, 
resignation, removal or otherwise, a successor shall be elected in the manner 
above provided to serve for the remainder of the unexpired term. Any such 
member may be removed by the Governor, for good cause, after a hearing 
thereon by the Governor. 

1947 (45) 30, 261. 








§ 2-392. Officers of Board ; meetings. 

From the members of the Board there shall be elected a chairman and a 
secretary. The Board may hold such meetings at such time or times as, in its 
judgment, shall be necessary for the proper discharge of the functions of the *' 
Board upon the call of the chairman. 

1947 (45) 30, 261. 

§ 2-393. Duties and powers. 

The Marlboro County Airport Board shall have the following duties, powers 
and authority, to wit : 

133 




§ 2-394 Code of Laws of South Carolina § 2-401 

(1) It shall be and constitute the board contemplated in and provided by the 
legislation passed by the General Assembly of this State to administer in 
Marlboro County all aeronautics laws and the handling of all matters provided 
in such legislation affecting the airport or airports of Marlboro County, includ- 
ing the expenditure of all funds provided to be expended by said county for 
such airport or airports in said county; 

(2) It shall have complete control of the allocation, disbursement and ex- 
penditure of all funds provided by the legislative delegation for Marlboro Coun- 
ty in the Marlboro County Supply Act for each fiscal year for contribution or 
aid to such airport or airports and aeronautical activities in Marlboro County; 

(3) It shall have general authority concerning the land now owned or here- 
after acquired by the county for airport or aeronautical purposes, shall gen- 
erally assist the Federal Government and the officials of Marlboro County in all 
matters affecting the airport or airports now located or hereafter to be located 
in said county; and 

(4) It may make such contracts and enter into such agreements as in its 
opinion is to the best interest of said county. 

1947 (45) 30, 261. 

§ 2-394. Board an agency of county. 

The Marlboro County Airport Board is constituted an agency of Marlboro 
County and shall accept for and in behalf of Marlboro County a deed from the 
Federal Government or any of its agencies to all or any portion of the airport 
property situate northwest of Bennettsville in Marlboro County. The Marlboro 
County Airport Board shall also sign in behalf of Marlboro County any pro- 
posed deed from the Federal Government or one of its agencies to all or any 
portion of said property, binding Marlboro County by its signature to all con- 
ditions, restrictions, reservations and provisions whatsoever contained in such 
deed, the Board being hereby constituted the only agency to so act in behalf of 
Marlboro County. Such deed when signed by a majority of the Board shall in 
all respects constitute the act of Marlboro County. The Marlboro County Air- 
port Board may also execute in behalf of the county an agreement cancelling 
the present lease on terms and conditions, with reservations and restrictions, 
as required by the Federal Government or any of its agencies. The powers 
and authority in this section given have reference to all the property consti- 
tuting the airport known as Palmer Field, as will be fully shown by reference 
to a plat thereof to be recorded in the office of the clerk of court, Marlboro 
County, South Carolina. 

1947 (45) 30,261. 

Article 19. 

McCormick County 

§ 2-401. Commission ; appointment. 

Theje is hereby created the McCormick Airport Commission for the county 
and city of McCormick, which shall consist of three members, two to be appoint- 

134 



§2-402 Aeronautics §2-413 

ed by the county legislative delegation and one by the city council of the city of Mc- 
Cormick. 
1947 (45) 45. 

§ 2-402. Duties and powers. 

The Commission may manage the McCormick Airport and make all nec- 
essary rules and regulations thereabout, with the Federal Government, shall 
generally assist the Federal Government in matters arising concerning the 
airport and shall have general supervision and control with the Federal Gov- 
ernment and in accord with all contracts hereafter made. 

1947 (45) 45. 

§ 2-403. Term ; vacancy ; qualification. 

The term of office of each commissioner shall be for a period of four years 
and until his successor shall have been appointed and qualified. In case of 
a vacancy in the membership of the Commission a person shall be appointed 
for the unexpired term to fill such vacancy in the same manner in which his 
predecessor was appointed. The qualification of each commissioner shall be 
by his written consent to act as such commissioner. 

1947 (45) 45. 

Article 20. 
Newberry County. 

§ 2-411. Newberry Airport Commission. 

The Newberry Airport Commission shall consist of five members, four mem- 
bers to be appointed by the legislative delegation of Nezvberry County, two of 
whom shall be appointed upon the recommendation of the Pilot's Association 
of Newberry, and one member to be appointed by the town council of the city 
of Newberry. 

1946 (44) 1372; 1947 (45) 62. 

§2-412. Terms. 

Each commissioner shall serve for a period of four years from the time of 
his appointment and until his successor is appointed and qualified. Three of 
those now in office, having heretofore been appointed, will serve until Septem- 
ber 1 1953 and two until April 1 1955, and thereafter each commissioner shall 
serve for a period of four years from the date of his qualification. The quali- 
fication of each commissioner shall be by his written consent to act as such 
officer. 

1946 (44) 1372; 1947 (45) 62. 

§2-413. Duties and powers. 

The Commission may manage the Newberry Airport and make all necessary 
rules and regulations thereabout. 

1946 (44) 1372. 

135 



§ 2-414 Code of Laws of South Carolina § 2-431 

§ 2-414. Deposit and expenditure of funds; annual statement. 

The Commission shall deposit all funds received by it from all sources in 
a bank wherein such deposits are covered by insurance. There shall be no 
expenditure of any of the funds of the Commission except on approval of a 
majority of the members thereof. The Commission shall on or before the 
first day of February of each year file an itemized statement of all its receipts 
and disbursements with the treasurer of Nezvberry County and with the clerk 
of the city of Newberry. 

1947 (45) 62. 

Article 21. 
Shaw Field, Sumter County. 

§ 2-421. Building in vicinity of Shaw Field. 

It shall be unlawful for any person to erect any building or any other type 
of construction of any nature whatsoever or permit the same to be placed 
on lands located on the projection of runways of Shaw Field, in Sumter 
County, at a height above a glide angle for aircraft of forty feet to one foot, 
measured outward from the boundaries of the end of any runway at said air- 
port, a distance of not less than two miles from the boundaries of said airport 
along a prolongation of the center line of said runways and extending laterally 
from the projection of said center lines of said runways to a distance of seven 
hundred fifty feet each way at the airport boundary, increasing to a lateral 
distance of two thousand feet each way from the center line of said runways 
a distance of not less than two miles from the boundaries of said airport. 

It shall be unlawful for any person to erect any building or other type of con- 
struction of any nature whatsoever on lands adjacent to Shaw Field in the 
count)' of Sumter, at any other point adjacent to said Shaw Field, not covered 
by the preceding paragraph, at a height above a glide angle for aircraft of 
fifteen feet to one foot, measured outward from the boundaries of said Shaw 
Field a distance of fifteen hundred feet. 

This section may be enforced by appropriate action in any court of com- 
petent jurisdiction by the United States of America or some properly desig- 
nated agency thereof. But the court in any such proceeding may award such 
damages to a landowner as may be just and proper. 

1942 (42) 1630. 

Cross reference. — As to jurisdiction over 
Shaw Air Force Base in Sumter County, 
see § 39-132. 

Article 22. 

Whit mire City. 

§ 2-431. Whitmire Airport Commission. 

The Whitmire Airport Commission shall consist of three members, two to 
be appointed by the legislative delegation of Nezvberry County and one by 
the city council of the city of Whitmire in said county. 

1947 (45) 43. 

136 



§ 2-432 Aeronautics § 2-442 

§ 2-432. Duties and powers. 

The Commission may manage the Whitmire Airport and make all necessary 
rules and regulations thereabout. 
1947 (45) 43. 

§2-433. Terms; qualification. 

Each commissioner shall serve for a period of four years from the time of 
his appointment and until his successor is appointed and qualified. Those now 
in office, having theretofore been appointed, will serve until September 1 1954. 
The qualification of each commissioner shall be by his written consent to act 
as such officer. 

1947 (45) 43. 

§ 2-434. Deposit and expenditure of funds ; annual statement. 

The Commission shall deposit all funds received from all sources to its 
credit in a bank whose deposits are insured by the Federal Deposit Insurance 
Corporation. The Commission shall have full authority to expend such funds 
by majority approval of the members of the Commission and shall report 
annually an itemized statement of receipts and disbursements to the treasurer 
of Nezvberry County and to the clerk of the Whitmire town council. 

1947 (45) 43. 

Article 23. 
Saluda County. 

§ 2-441. Commission; pay, officers, terms and appointment. 

There is hereby created the Saluda County Airport Commission, which 
shall be composed of five members who are to serve without compensation. 
The initial Commissioners, having been five in number, appointed for terms 
of one, two, three, four and five years, respectively, their successors in office 
have been and shall be appointed by the Governor upon the recommendation 
of the county legislative delegation and the members so appointed shall serve 
for a period of five years and until their successors have been appointed and 
qualified. 

1949 (46) 256. 

§ 2-442. Duties and powers. 

The Saluda County Airport Commission shall have the following duties, 
powers and authority, to wit : 

(1) It shall administer in Saluda County all aeronautic laws and the han- 
dling of all matters affecting the airport or airports of Saluda County, including 
the receiving and expenditure of all funds provided to be expended by the 
county for such airport or airports in the county ; 

(2) It shall have control of the allocation, disbursement and expenditure 
of all funds provided by the county supply act for each fiscal year, for contri- 
bution or aid to such airport or airports and aeronautical activities in Saluda 
County ; 

137 



§ 2-443 Code of Laws of South Carolina § 2-453 

(3) It shall have general authority concerning the land acquired by the 
county for airport or aeronautical purposes, shall generally assist the Federal 
Government and the officials of the county in all matters affecting the airport 
or airports located in the county and may make such contracts and enter into 
such agreements as in its opinion are in the best interest of the county. 

1949 (46) 256. 

§ 2-443. Gifts ; management of property. 

The Saluda County Airport Commission is constituted an agency of Saluda 
County and shall accept for and in behalf of the county, by deed, gift or other- 
wise from the Federal Government or any of its agencies, any and all property 
of every kind or description the ownership of which by the Commission may 
tend to promote and advance aeronautics in Saluda County. It may also re- 
ceive, manage and control any and all property made to or given to Saluda 
County for the purpose of inaugurating and establishing an airport in the 
county. 

1949 (46) 256. 

§ 2-444. Investigation and report on establishing airport. 

The Commission may investigate the possibility of building, establishing 
and maintaining an airport in Saluda County and make recommendations to 
the county legislative delegation with reference thereto. 

1949 (46) 256. 

Article 24. 
Williamsburg Comity. 

§ 2-451. Williamsburg County Aeronautics Board. 

The Williamsburg County Aeronautics Board shall consist of three mem- 
bers who are residents of said county and who shall be appointed by the 
Governor upon recommendation of the Senator and a majority of the house 
legislative delegation from said county in the General Assembly. 

1945 (44) 308. 

§ 2-452. Terms ; vacancies ; further recommendation for appointment. 

The terms of office of the members shall be six years, the terms of the origi- 
nal members having been for two, four and six years. The successors in office 
of the original Board members appointed for the initial term of four years shall, 
before being appointed, be recommended for appointment by the mayor of 
the town of Kingstree in said county, such recommendation to be in addition 
to the recommendation of a majority of the county legislative delegation. All 
vacancies in the membership of the Board shall be filled by appointment for 
the unexpired term in like manner as appointments are made for the full term. 

1945 (44) 308. 

§ 2-453. Compensation of members ; chairman. 

The members of the Board shall not receive any compensation for their 

138 



§ 2-454 Aeronautics § 2-457 

services. The members shall from time to time select one of their number 
as chairman of the Board. 
1945 (44) 308. 

§ 2-454. Acquisition and disposition of property; donations. 

The Board may acquire by grant, purchase, lease, condemnation or other- 
wise real property and rights of way for airport and aeronautical purposes 
and approaches and obstruction rights for airport and aeronautical purposes. 
It may also sell, lease, trade, convey and exchange property and rights there- 
tofore acquired for such purposes which in its opinion are not needed for the 
purposes for which they were acquired. The manner of acquiring property by 
condemnation as authorized in this article may be the same as is provided by 
law for the condemnation of rights of way for road purposes by the State 
Highway Commission. The Board may receive by gift or donation moneys 
and other property to be used by it in carrying out the purposes of this article. 

1945 (44) 308. 

§ 2-455. Lease of property to or agreement with United States. 

The Board may lease to the United States of America or to any agency 
thereof or to any person, firm or corporation, municipal or private, any and all 
of the property and rights acquired by the Board under the provisions of this 
article or under the provisions of any other act, statute or law. The Board 
may also enter into agreements with the United States of America or any 
agency thereof or any person, firm or corporation, municipal or private, rela- 
tive to the establishment, operation and maintenance of an airport and aero- 
nautical field in said county. All such leases and agreements shall be valid 
and binding upon the Board and the county. 

1945 (44) 308. 

§ 2-456. Powers cumulative. 

The powers and authority extended to the Board under the provisions of 
this article shall be cumulative to and in addition to all powers and authorities 
the Board may have by virtue of the provisions of any other act, statute or 
law. 

1945 (44) 308. 

§ 2-457. Agent for Williamsburg County. 

All property and rights received and acquired by the Board, all con- 
veyances, leases and agreements made by it and all other acts of the Board 
under the provisions of this article or of any other act, statute or law shall 
be for and in behalf of and in the name of Williamsburg County. All deeds, 
leases, agreements and all other papers executed by the Board shall be ex- 
ecuted in the name of Williamsburg County by the Board and at least two 
members of the Board shall subscribe their names in the execution thereof. 

1945 (44) 308. 

139 



§ 2-458 Code of Laws of South Carolina § 2-473 

§ 2-458. Airport fund. 

All funds received by the Board shall be turned over to the treasurer of the 
county and by him placed in a special fund to be known as the "Airport Fund." 
1945 (44) 308. 

§ 2-459. Intent of article. 

It is the intent of this article that the Board shall act for and in behalf of 
the county and that it shall, in addition to the rights, powers and authorities 
above set out, have all the rights, powers and authorities extended and given 
to the counties in this State under the provisions of article 1 of chapter 3 of 
this Title. 

1945 (44) 308. 

Article 25. 
Catazvba and Ebeneser Townships, York County. 

§ 2-471. Catawba-Ebenezer Airport Commission. 

The Airport Commission for Catazvba and Ebenezer townships in York County 
shall be known as the Catawba-Ebenezer Townships Airport Commission. 
Such Commission shall organize itself and adopt such procedural rules and 
regulations as it shall see fit, naming its chairman and secretary from its mem- 
bership for such term or terms as it shall consider appropriate. 

1948 (45) 1833. 

§ 2-472. Appointment ; term ; vacancy. 

Such Commission shall consist of three members, one from each of said 
townships and one at large within said townships, to be appointed by the 
Governor upon recommendation of a majority of the legislative delegation, in- 
cluding the senator, for York County. Each member shall serve for a period 
of three years and until his successor shall have been appointed and qualified ; 
provided, that the Commission having been initially composed of Robert 
E. Bryant of Ebenezer township, Erwin Carothers of Catazvba township and 
E. H. Carroll, the member at large, these members shall serve for periods of 
six, five and four years, respectively, from April 8 1948. In case of vacancy 
by death, resignation or otherwise appointment to fill the unexpired term shall 
be made as above provided for appointment to fill a regular term. 

1948 (45) 1833. 

§ 2-473. Employment of personnel ; bids ; rules and regulations. 

The Commission may also employ architects, engineers, surveyors, attor- 
neys and other personnel considered necessary to proper planning, construc- 
tion and operation of an airport as herein contemplated. It may arrange for 
the submission of bids and accept such bid or bids and make binding contracts 
thereunder as it shall deem appropriate and proper for the accomplishment of 
construction of such an airport, rejecting any such bids as are deemed inappro- 
priate. The Commission may also make, establish, promulgate and enforce 

140 



§ 2-474 Aeronautics § 2-476 

proper rules and regulations for the safe and efficient operation of such air- 
port and the control of any person using it. 
1948 (45) 1833. 

§ 2-474. Acquisition and disposal of property ; gifts. 

The Commission may acquire by grant, purchase, lease, condemnation or 
otherwise real property and rights of way for airport and aeronautical pur- 
poses and acquire approaches and obstruction rights for airport and aeronau- 
tical purposes. The Commission may also sell, lease, trade, convey and ex- 
change property and rights acquired for such purposes which in its opinion 
are not needed for the purposes for which they were acquired. The manner 
of acquiring property by condemnation as authorized in this article may be 
the same as is provided by law for the condemnation of rights of way for road 
purposes by the State Highway Commission. The Commission may receive, 
by gift or donation, moneys and other property to be used by it in carrying 
out the purposes of this article, including Federal aid or grants upon such 
terms, agreeable to the Commission, as shall be required by the Federal grant- 
ing agency. 

1948 (45) 1833. 

§ 2-475. Lease of property to or contract with State or United States. 

The Commission may lease to the United States of America or to the State 
of South Carolina or to any agency thereof or to any person any and all of 
the property and rights acquired by the Commission under the provisions of 
this article or under the provisions of any other act, statute or law. The Com- 
mission is further authorized and empowered to enter into agreements with 
the United States of America or the State of South Carolina or any agency 
thereof, or any person relative to the establishment, operation and mainte- 
nance of an airport and aeronautical field in said townships. All such leases 
and agreements shall be valid and binding upon the Commission and said 
townships. 

1948 (45) 1833. 

§ 2-476. How Commission to act ; execution of papers. 

All property and rights received and acquired by the Commission, all con- 
veyances, leases and agreements made by it and all other acts of the Commis- 
sion under the provisions of this article or any other act, statute or law shall 
be in the name of Catawba-Ebenezer Townships Airport Commission. The 
Commission is and shall be deemed to be acting for and in behalf of Cata?vba 
and Ebenczer townships in York County, South Carolina, as the lawful agent 
of said townships. All deeds, leases, agreements and other papers executed 
by the Commission shall be executed in the name of the Commission by at 
least two members thereof, who shall subscribe their names in the execution 
thereof. 

1948 (45) 1833. 

141 



§ 2-477 Code of Laws of South Carolina § 2-478 

§ 2-477. Commission may not bind townships to unauthorized expenditures. 

The Commission hereby established shall not bind the aforesaid townships 
to the expenditure of any sum or sums for which necessary funds have not 
been made available either by virtue of the provisions hereof or by other law- 
ful means. 

1948 (45) 1833. 

§ 2-478. Expenses of Commission. 

The Commission shall serve without pay but, funds therefor being avail- 
able, shall have the authority to pay for actual expenses incurred by the 
Commission in the performance of its official duties. 

1948 (45) 1833. 



142 



Title 3. 

Agriculture.* 

Chap. 1. General Provisions, §§ 3-1 to 3-52. 

2. State Crop Pest Commission; Insecticides and Fungicides, §§ 3-101 

to 3-185. 

3. Marketing of Agricultural Products, §§ -3-201 to 3-331. 

4. Seeds and Seed and Plant Certification, §§ 3-401 to 3-454. 

5. Fertilizers, §§ 3-501 to 3-586. 

6. Commercial Feeding Stuffs, §§ 3-601 to 3-678. 



CHAPTER 1. 

General Provisions. 



Article 1. 

Department and Commissioner 
of Agriculture. 

Sec. 

3-1. Duties of Department. 

3-2. Commissioner of Agriculture; quali- 
fications. 

3-3. Election; term; vacancies. 

3-4. Clerk. 

3-5. How compensation payable. 

3-6. Duties of Commissioner. 

3-7. Sale of marl or ground limestone. 

3-8. Such material not subject to fertilizer 
tax. 

3-9. Commissioner of Agriculture to ar- 
range for innoculating material. 

3-10. Disposition of moneys derived from 
sale. 

3-11. Publication of handbook of State. 

3-12. Departments and institutions to fur- 
nish information. 



Sec. 

3-13. Annual report of Department's work. 
3-14. Records to be kept five years. 
3-15. Suits by and against Commissioner; 
venue thereof. 

Article 2. 

Agricultural Duties of Clemson 
College. 

3-21. Duties and powers in general. 

3-22. Cooperation of coast section farmers. 

3-23. County auditors to return forms. 

3-24. Experimental stations for farm dem- 
onstration work. 

3-25. Hatch fund vested in certain trustees 
of college for support of experiment 
station. 

3-26. Assent to act of Congress for appro- 
priations for experiment stations. 

3-27. Assent to act of Congress to further 
development of extension work. 



* As to cotton generally, see Title 13. As to soil conservation generally, see Title 63. 
As to milk and milk products, see §§ 32-1601 to 32-1724. As to eggs and baby chicks, see 
§§ 66-601 to 66-604. As to colored agricultural college, see §§ 22-551 to 22-557. As to 
contracts for agricultural labor, see §§ 40-401 to 40-404. As to collection of agricultural 
rents and advances, see §41-3. As to agricultural liens, see §§45-501 to 45-513. As to 
search for liens against crops for Secretary of Agriculture, see § 60-304.1. As to tax on 
agricultural products, see §§ 65-1593 to 65-1598. As to refund of tax on gasoline used in 
farm operations, see §§65-1101 to 65-1114. As to containers and grades generally, see 
§§ 66-301 to 66-364. As to trademark as brand for timber, see §§ 66-241 to 66-245. As to 
demonstration agents for each county, see § 14-306. 

143 



§ 3-1 Code of Laws of South Carolina § 3-4 

Sec. Sec. 

3-28. Clemson to receive grants and conduct 3-45. Digging ginseng on land of another. 

work under act. 3-46. Firing turpentine farms. 

3-29. Assent to act of Congress providing 3.47. Burning ricks of hay, kilns, etc., in 

for research and cooperative exten- night time. 

. „ ^ slon work - . , 3-48. Burning stacks of corn, etc., in day- 

3-30. Clemson to receive and use grants time 

under act. 349 _ ^ ak ; ng away w ; tn pro duce before 

A .. , , paid for. 

Article 3. „ .. _ r ... , . 

3-50. ractors tailing to account for produce 

Certain Offenses. guilty of fraud. 

3-41. Stealing crops from the field. 3-51. Not guilty if products destroyed by 

3-42. Stealing melons or fruit. accident. 

3-43. Theft of tobacco plants from beds. 3-52. Fines from State Agricultural Fair to 

3-44. Digging, pulling up or injuring gin- go to treasurer thereof. 

seng during certain periods. 

Article 1. 

Department and Commissioner of Agriculture. 

§ 3-1. Duties of Department. 

The Department of Agriculture shall be charged, as far as possible, with 

" the execution of the work usually devolved upon a bureau of agriculture and 

I ' a bureau of publicity. 

J JAl 1942 Code § 322i; 1932 Code § 3223; Civ. C. '22 § 929; Civ. C. '12 § 851; 1904 (24) 449; 
'H 1909 (26) 14, 191; 1936 (39) 1615; 1941 (42) 119. 

§ 3-2. Commissioner of Agriculture ; qualifications. 

The chief officer of the Department of Agriculture shall be denominated 
the Commissioner of Agriculture. The Commissioner shall have a com- 
petent knowledge of agriculture, manufacturing and general industries, com- 
merce, chemistry and publicity. 

1942 Code § 3224; 1932 Code § 3224; Civ. C. '22 § 930; Civ. C. '12 § 852; 1909 (26) 191; 
1912 (27) 61S; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119. 

§ 3-3. Election ; term ; vacancies. 

The Commissioner shall be elected by the qualified electors in the general 

election now provided by law for the election of State officers erf" fTre— Statre* 

-g©re-r-*uivent, for a term of four years,cthe next term after the adoption of 

this Code beginning on the first day of January, 1955). In case a vacancy 

should occur the Governor shall appoint a successor tor the unexpired term. 

1942 Code § 3224; 1932 Code § 3224; Civ. C. '22 § 930; Civ. C. '12 § 852; 1909 (26) 191; 
1912 (27) 618; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119. 

§ 3-4. Clerk. 

The Commissioner may appoint a competent clerk, whose qualifications 
shall be in the main the same as those required of the Commissioner. 

1942 Code §3224; 1932 Code §3224; Civ. C. '22 §930; Civ. C. "12 §852; 1909 (26) 191; 
1912 (27) 618; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119. 

144 



§ 3-5 Agriculture § 3-8 

§ 3-5. How compensation payable. 

The compensation of the Commissioner and of the clerk shall be payable 

monthly by the Treasurer, on the warrant of the Comptroller General. 

1942 Code § 3225; 1932 Code § 3225; Civ. C. '22 § 931; Civ. C. '12 § 853; 1909 (26) 191; 
1919 (31) 4; 1936 (39) 615; 1941 (42) 119; 1951 (47) 506. 

§ 3-6. Duties of Commissioner. 
The Commissioner shall : 

(1) Be charged with all work looking to the promotion of agriculture and 
cattle raising, including the collection and publication of information in regard 
to localities, character, accessibility, cost and modes of utilization of soils and, 
more specifically, the inducement of capital to invest in agriculture and cattle 
raising by the dissemination of information relative to the advantages of 
soil and climate and other natural resources of the State ; 

(2) Collect from the farmers and landowners of the State and list informa- 
tion as to lands, stating the number of acres, the location and the terms 
upon which they may be bought ; and 

(3) Keep a land registry and in connection therewith from time to time 
issue a publication descriptive of such listed agricultural, forest and truck- 
ing lands as may be offered to the Department for sale or share, such 
publication to be in an attractive form, setting forth the county, township, 
number of acres, names and addresses of owners and such other information 
as may be helpful in placing inquiring homeseekers in communication with 
the landowners. 

But nothing herein shall be construed to give the Commissioner the right 

to do scientific, educational or extension work in agriculture. 

1942 Code § 3227; 1932 Code § 3227; Civ. C. '22 § 933; Civ. C. '12 § 855; 1909 (26) 191 
§ 6; 1918 (30) 825; 1936 (39) 615; 1941 (42) 119. 

§ 3-7. Sale of marl or ground limestone. 

The Commissioner may make arrangements with any reliable manufacturer 
of crushed marl or ground limestone for the sale of such material to the citi- 
zens of this State at prices that shall be reasonable and will allow a reasonable 
profit on the cost of production. In the event of the failure of the Commis- 
sioner to make such arrangements, he shall, upon satisfying himself that such 
arrangements as are specified cannot be made, report such fact to the General 
Assembly next succeeding, together with definite recommendations for the 
mining of such material by the State with convict labor and furnishing the 
same to the farmers of the State at a price that shall be as near the actual 
cost of production as possible. In the event an arrangement is made, the 
Commissioner shall make public the nature and terms of the arrangement 
and shall annually report to the Generally Assembly the full itemized details 
of any and all such sales made to farmers through the Department. 

1942 Code § 3252; 1932 Code § 3252; Civ. C. '22 § 958; 1916 (29) 669; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-8. Such material not subject to fertilizer tax. 

Such material, when offered on the market under § 3-7 shall not be con- 

[lSCCode] — 10 145 



§ 3-9 Code of Laws of South Carolina § 3-12 

sidered a fertilizer and shall not be subject to the tax of twenty-five cents per 
ton imposed on fertilizers. 

1942 Code § 3253; 1932 Code § 3253; Civ. C. '22 § 959; 1916 (29) 669. 

§ 3-9. Commissioner of Agriculture to arrange for inoculating material. 

The Commissioner of Agriculture may make arrangements with any reliable 
manufacturer of inoculation material for the sale of such material to the citizens 
of the State at prices that shall be reasonable and will allow a reasonable profit 
on the cost of production. Failing to make such arrangements, the Commis- 
sioner may manufacture inoculation material for leguminous crops and dis- 
tribute it to citizens of the State applying for it at cost. The Commissioner 
may expend from any surplus or other funds collected from other sources in 
his hands, such amounts as may be necessary to inaugurate the work of manu- 
facturing inoculation material and refund to those respective funds as soon as 
possible from the sums collected from the sale of such material such sums as 
may be so expended. 

1942 Code §3250; 1932 Code §3250; Civ. Co. '22 §956; 1915 (29) 261; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-10. Disposition of moneys derived from sale. 

In the event that the material is manufactured in the laboratories of the 
Department of Agriculture, the Commissioner shall receive and keep current 
accounts of all sums derived from the sale of the material at cost, deposit such 
sums daily in some State depository bank and once a month turn over all of 
these receipts to the State Treasurer, who shall hold them subject to the order 
of the Commissioner, upon warrant issued by the Comptroller General. 

1942 Code §3251; 1932 Code 3251; Civ. C. '22 §957; 1915 (29) 261; 1936 (39) 1615; 1941 
(42) 119. 

§ 3-1 1. Publication of handbook of State. 

The Commissioner shall collect and collate in the form of a handbook 
of the State, to be issued when practicable, information showing the nature, 
resources and advantages of the State of South Carolina, dealing with soil, 
climate, agricultural and horticultural products, native woods, means of trans- 
portation, cost of living, market and all material and social advantages for 
those seeking homes and investments in agricultural industries. 

1942 Code § 3228; 1932 Code § 3228; Civ. C. '22 § 934; Civ. C. '12 § 856; 1904 (24) 449. 

§ 3-12. Departments and institutions to furnish information. 

In order to facilitate the collection and collation of information of the re- 
sources of the State on all lines, the heads of the several departments of the 
state government and of the state institutions shall furnish accurately such 
information as may be at their command to the Commissioner when called 
upon for the same. 

1942 Code § 3230; 1932 Code § 3230; Civ. C. '22 § 936; Civ. C. '12 § 858; 1909 (26) 191 
§6. 

146 1 1 $C Code] 



§3-13 Agriculture §3-21 

§ 3-13. Annual report of Department's work. 

The Commissioner shall make and submit to the Governor, on or before 
the tenth day of January of each year, a report covering the Department's 
work of the preceding year and the report shall be transmitted to the General 
Assembly, printed in the same manner as other public documents or as shall 
otherwise be ordered. 

1942 Code § 3226; 1932 Code § 3226; Civ. C. '22 § 932; Civ. C. '12 § 854; 1904 (24) 449. 

§ 3-14. Records to be kept five years. 

The Commissioner shall keep and preserve all records in his office for a 
period of five )'ears. At the end of the five year period the Commissioner may 
in his discretion destroy such records as in his judgment may be obsolete 
and of no value. 

1942 Code § 3246; 1940 (41) 1889; 1941 (42) 119. 

§ 3-15. Suits by and against Commissioner ; venue thereof. 

The Commissioner of Agriculture may sue or be sued in the courts upon 
the same terms as any other person, the action to be against or by the Com- 
missioner as representative of the State. Suits may be brought in Richland 
County or in the county in which the cause of action accrued. 

1942 Code §6469; 1932 Code §6469; Civ. C. '22 §3375; 1914 (29) 18; 1921 (32) 303; 1933 
(38) 95; 1945 (44) 72. 

Article 2. 

Agricultural Duties of Clemson College. 

§ 3-21. Duties and powers in general. 

The board of trustees of The Clemson Agricultural College of South Carolina 
shall have the following duties and powers with respect to agriculture and 
agricultural affairs or investigations : 

(1) It shall regulate the returns of such county agricultural societies 
as may be chartered by the State, prescribe the form of such returns and 
furnish all blanks necessary for securing uniform and reliable statistics of 
their operations; 

(2) It shall issue to the several county auditors of the State blanks, 
with complete instructions, for the collection of agricultural statistics and 
information ; 

(3) It shall investigate all subjects relating to the improvement of the 
agricultural interests of the State, the inducement of immigration thereto 
and the introduction of foreign capital therein, as it may deem expedient; 

(4) It shall make investigations adapted to promote and improve the market- 
ing of cattle and poultry and domestic fowl of every kind ; 

(5) It may promulgate and enforce rules and regulations for the guid- 
ance of the State Veterinarian, or any assistant of his, in the treatment of 
horses, mules, cattle, hogs or other livestock or poultry or domestic fowl 
of any kind affected with any dangerous or contagious disease ; 

147 ' 



§ 3-21 Code of Laws of South Carolina § 3-21 

(6) It may adopt rules and regulations consistent with the laws of this 
State and of the United States to prevent the introduction into this State of 
any livestock or poultry or domesticated fowl of any kind that is affected 
with any contagious disease, the tendency of which is to cause the death 
of such livestock; 

(7) It may in case of contagious disease among any kind of stock or 
animals, including poultry and domesticated animals of every kind, either 
establish rules of quarantine or have the infected animals killed and burned ; 

(8) It may adopt and promulgate such rules and regulations as it may 
deem necessary or advisable to carry into effect any and all of the matters 
referred to in §§ 6-401 , 6-403, 6-404, 6-406 and 6-426 to 6-432 ; 

(9) It, or a committee appointed by it, shall supervise and enforce the exe- 
cution of any duties devolved upon it ; 

(10) It shall appoint a special inspector or inspectors of fertilizers and 
such other persons as it may deem necessary for carrying out the duties 
devolved upon it by chapter 5 of this Title and fix their compensation ; 

(11) It shall communicate and cooperate with the Secretary of Agriculture 
of the United States and shall receive from him seeds, plants, documents and 
information and distribute the same as may seem to the best advantage; 

(12) It may hold agricultural conventions composed of delegates from 
each county in the State, to be apportioned to each county and elected in 
such manner as it may provide and it may conduct farmers' institutes at 
such times and places as may appear expedient; and it may use such parts 
of the funds under its control as may be necessary to meet the expense 
of conducting such conventions and institutes, but no compensation, per diem 
or mileage, shall be paid to the delegates to such conventions ; 

(13) It shall detail one of their scientific agriculturists to pay frequent 
visits to the coast section of the State, to examine the soils, present methods 
of cultivation, fertilization, irrigation, and similar matters, and to make 
practical tests, on some selected section, of sea island cotton, rice and truck 
farms, with various varieties of seeds, and to follow the same up care- 
fully during the preparation of the land, planting of the seed and cultivation 
and harvesting of same and also to examine into the diseases of cotton, rice, 
truck, and other similar crops which have caused much trouble and loss in 
that section ; and 

(14) It shall furnish, at cost, to citizens of this State upon request therefor, 
sufficient quantities of serum for treatment of hog cholera; provided, that no 
person shall be furnished more serum than needed for treatment of hogs 
actually owned by the person applying therefor ; and provided, further, that no 
poor person shall be charged for serum applied for when he is unable to pay 
for same. 

1942 Code §§ 5743, 5750; 1932 Code §§ 5743, 5750; Civ. C. '22 § 2840; Civ. C. '12 § 1900; 
Civ. C. '02 § 1313; G. S. 587, 588, 589, 591, 594; R. S. 1132; 1879 (17) 72; 1890 (20) 706 § 4; 
1901 (23) 737; 1913 (28) 194; 1928 (35) 1192; 1939 (41) 360; 1940 (41) 1876. 

Cross references. — As to The Clemson fertilizers, see §§ 3-501 et seq. As to sale, 
Agricultural College generally, see §§ 22-101 etc., of seed, see §§ 3-401 et seq. 
to 22-120. As to sale, etc., of commercial 

148 



§ 3-22 Agriculture § 3-25 




§ 3-22. Cooperation of coast section farmers. 

The planters and farmers of the coast section visited by one of the scientific J^. 

agriculturists of the board pursuant to paragraph (13) of § 3-21 shall render^ 

hearty assistance and cooperation in every way in their power to the gentle- / 

man detailed under the provisions of said section. 

1942 Code § 5743; 1932 Code § S743; Civ. C. '22 § 2840; Civ. C. '12 § 1900; Civ. C. '02 
§ 1313; G. S. 587, 588, 589, 591, 594; R. S. 1132; 1879 (17) 72; 1890 (20) 706 § 4; 1901 (23) 
737; 1913 (28) 194; 1939 (41) 360; 1940 (41) 1876. 

§ 3-23. County auditors to return forms. 

The county auditors to whom are issued the blanks referred to in paragraph 
(2) of § 3-21 shall promptly return such blanks to the board filled in in accord- 
ance with such instructions. 

1942 Code § 5743: 1932 Code § 5743; Civ. C. '22 § 2840; Civ C. '12 § 1900; Civ. C. '02 
§ 1313: G. S. 587, 588. 589, 591, 594; R. S. 1132; 1879 (17) 72; 1890 (20) 706 § 4; 1901 (23) 
737; 1913 (28) 194; 1939( 41) 360; 1940 (41) 1876. 

§ 3-24. Experimental stations for farm demonstration work. 

The board of trustees of The Clemson Agricultural College of South 
Carolina may establish and operate two or more experimental stations, as in 
its judgment the funds of the college will justify, for the purpose of testing 
soil, climatic and other conditions and farm demonstration work. One of 
such stations shall be established within the Pee Dee section of the State, one 
within the sand hill portion thereof and the others wherever in the judgment 
of the board will result to the best interest of the State. Due advertisement 
for bids in money and donations of land for the location of any such stations 
in any section of the State shall be made before the location thereof is deter- 
mined. 

1942 Code § 5740; 1932 Code § 5740; Civ. C. '22 § 2836; Civ. C. '12 § 1896; 1911 (27) 3. 

§ 3-25. Hatch fund vested in certain trustees of college for support of experi- 
ment station. 
The annual grant, commonly known as the Hatch Bill fund, made to this 
State by the Congress of the United States according to the terms of an Act 
of Congress entitled "An Act to Establish Agricultural Experiment Stations 
in Connection with the Colleges Established in the Several States under 
the Provisions of an Act Approved July second, Eighteen Hundred and 
Sixty-Two, and of the Act Supplementary Thereto," approved March 2 
1887, as amended, is hereby vested in the six members of the board of trustees 
of The Clemson Agricultural College of South Carolina chosen by the General 
Assembly. One of the agricultural experiment stations established in con- 
nection with Clemson Agricultural College and under the direction of the 
board of trustees thereof shall be supported, in whole or in part, by such 
grant according to the provisions of the act of Congress hereinbefore men- 
tioned. 

1942 Code § 5739;' 1932 Code § 5739; Civ. C. '22 § 2835; Civ. C. '12 § 1895; Civ. C. '02 
§ 1309; R. S. 1128; 1889 (20) 300 § 2. 

149 



§ 3-26 Code of Laws of South Carolina § 3-30 

§ 3-26. Assent to act of Congress for appropriations for experiment stations. 

The assent of this State was given on March 1 1909 to the purposes and 
provisions of an Act of Congress entitled "An Act to Provide for an Increased 
Annual Appropriation for Agricultural Experiment Stations and Regulating 
the Expenditure Thereof," approved March 16 1906. 

1942 Code § 5806; 1932 Code § 2051; Civ. C. '22 § 13; Civ. C. '12 § 13; 1909 (26) 122. 

§ 3-27. Assent to act of Congress to further development of extension work. 

The assent of the State of South Carolina was given on March 15 1929 to 
the provisions and requirements of an Act of the Congress of the United 
States entitled "An Act to Provide for the Further Development of Agricul- 
tural Extension Work Between the Agricultural Colleges in the Several States 
Receiving the Benefits of the act entitled 'An Act Donating Public Lands 
of the Several States and Territories which may provide Colleges for the 
Benefit of Agriculture and the Mechanic Arts,' Approved July 2 1862, and all 
Acts Supplementary Thereto, and the United States Department of Agri- 
culture," approved by the President May 22 1928. 

1942 Code § 5806-1; 1932 Code § 5744; 1929 (36) 694. 

§ 3-28. Clemson to receive grants and conduct work under act. 

The board of trustees of The Clemson Agricultural College of South Caro- 
lina may receive the grants of money appropriated under the act referred to 
in § 3-27 and organize and conduct agricultural extension work, which shall 
be carried on in connection with the College of Agriculture of said college 
in accordance with the terms and conditions expressed in said act of the 
Congress of the United States. 

1942 Code § 5806-1; 1932 Code § 5744; 1929 (36) 694. 

§ 3-29. Assent to act of Congress providing for research and cooperative exten- 
sion work. 

The assent of the General Assembly of the State of South Carolina, required 
by "An Act to Provide for Research into Basic Laws and Principles Relating to 
Agriculture and to Provide for the Further Development of Cooperative 
Agricultural Extension Work and the more Complete Endowment and Sup- 
port of Land-Grant Colleges," approved June 29 1935 (Public No. 182— 74th 
Congress), was given to the provisions and requirements of said act on April 
181936. 

1942 Code § 5806-2; 1936 (39) 1448. 

§ 3-30. Clemson to receive and use grants under act. 

The board of trustees of The Clemson Agricultural College of South Caro- 
line may receive such grants and use them for the benefit of the State in accord- 
ance with the terms and conditions expressed in the act of Congress referred to in 
§ 3-29 ; provided, that the grants for the more complete endowment and support 
of land-grant colleges shall be equally divided between The Clemson Agricul- 
tural College of South Carolina and the Colored Normal, Industrial, Agricul- 
tural and Mechanical College of South Carolina as now provided by law. 

1942 Code § 5806-2; 1936 (39) 1448. 

150 



§ 3-41 Agriculture § 3-43 

Article 3. 

Certain Offenses. 

§3-41. Stealing crops from the field. 

Whoever shall steal from the field any grain, cotton or vegetables, whether 
severed from the freehold or not, shall be guilty of a misdemeanor and on con- 
viction thereof shall be punished by imprisonment for not more than five years 
or by fine of not more than five hundred dollars, except that when the amount 
stolen shall not exceed ten dollars in value the punishment shall be by im- 
prisonment for not more than thirty days nor less than twenty days or by a 
fine of not more than one hundred nor less than fifty dollars. 

1942 Code § 1172; 1932 Code § 1172; Cr. C. '22 § 65; Cr. C. '12 § 221; Cr. C. '02 § 169; 
G. S. 2487; R. S. 164; 1826 (6) 284; 1866 (13) 405; 1879 (17) 77; 1885 (19) 140; 1903 (24) 111. 

Purpose of section is to protect crops un- ing corn "in the field" is fatal under this 

til gathered. — This section applies to the section which makes stealing corn "from 

taking of the particular kind of property the field" a criminal act, but upon a general 

mentioned from the field, before it is gath- verdict of guilty, indictment is sufficient to 

ered by the owner, and not to the taking of charge an offense of petit larceny. State 

such property simply because it happened v. Shuler, 19 S. C. 140; State v. Nelson, 28 

to be in the field, the object of the section S. C. 16, 4 S. E. 792. 

being to protect field crops until they are Court's discretion as to alternative pun- 
gathered and housed, or at least severed ishment. — This section, in making provision 
and harvested. State v. Washington, 26 for an alternative punishment, leaves it to 
S. C. 604, 2 S. E. 623, approving the hold- the court, and not to the prisoner, to deter- 
ing in State v. Shuler, 19 S. C. 140. mine whether the sentence shall be by fine 

Unsevered crops are not regarded as real- or imprisonment. State v. Davis, 86 S. C. 

ty under this section. — Norwood v. Carter, 208, 68 S. E. 532. 

176 S. C. 472, 180 S. E. 453. Quoted in State v. Collins, 188 S. C. 338, 

Indictment must charge stealing "from 199 S. E. 303. 
the field." — An indictment charging steal- 

§ 3-42. Stealing melons or fruit. 

Whoever shall steal from the premises of another any melons or fruit, 
whether severed from the freehold or not, shall be guilty of a misdemeanor 
and, on conviction thereof, shall be punished by imprisonment for not more 
than thirty days or by a fine of not more than fifty dollars. 

1942 Code § 1169; 1932 Code § 1169; Cr. C. '22 § 62; Cr. C '12 § 218; Cr. C. '02 § 166; 

R. S. 162; 1886 (19) 522. 

Quoted in State v. Collins, 188 S. C. 338, 
199 S. E. 303. 

§ 3-43. Theft of tobacco plants from beds. 

Whoever shall steal tobacco plants, whether severed from the freehold or 
not, from any tobacco plant. beds shall be deemed guilty of a misdemeanor 
and, on conviction thereof, shall be punished by imprisonment for not more 
than five years or by fine of not more than five hundred dollars ; except that 
when the value of the tobacco plants does not exceed twenty dollars the 
punishment shall be by imprisonment for not more than thirty days or by a 
fine of not more than one hundred dollars. 

1942 Code § 1169-1; 1938 (40) 1621; 1947 (45) 64. 

151 



§ 3-44 Code of Laws of South Carolina § 3-48 

§ 3-44. Digging, pulling up or injuring ginseng during certain periods. 

If any person shall in this State dig, pull up the roots of or in any manner 

injure any ginseng from the fifteenth day of March till the fifteenth day of 

September in any year, such person shall be guilty of a misdemeanor and, on 

conviction thereof, shall be punished by a fine of not more than one hundred 

dollars or imprisonment for not more than thirty days. 

1942 Code § 1253; 1932 Code § 1253; Cr. C. '22 § 148; Cr. C. '12 § 299; Cr. C. '02 § 231; 
1899 (23) 92. 

§ 3-45. Digging ginseng on land of another. 

When any person in this State shall plant ginseng upon any land belonging 
to such person whether the same be enclosed or not, then it shall be unlawful 
for any person to dig such ginseng at any time of the year without the per- 
mission of the person so planting the same ; and any person convicted of a 
violation of the provisions of this section shall be fined for each and every 
such offense not exceeding one hundred dollars or imprisoned for a term 
not exceeding thirty days. 

1942 Code § 1218; 1932 Code § 1218; Cr. C. '22 § 106; Cr. C. '12 § 298; Cr. C. '02 § 232; 

1899 (23) 92. 

§ 3-46. Firing turpentine farms. 

It shall be unlawful for any person to set fire to any woods so near to any 

turpentine farm in this State as to injure or burn any such farm ; and whoever 

shall wilfully and maliciously set fire to any woods at any time, whereby any 

such farm is injured or burned, shall be adjudged guilty of a felony and liable 

to be punished at hard labor in the penitentiary for the period of one year 

or fined in the sum of five hundred dollars. 

1942 Code § 1162; 1932 Code § 1162; Cr. C. '22 § 55; Cr. C. '12 § 189; Cr. C. '02 § 155; 
G. S. 2494; R. S. 151; 1876 (16) 61. 

§ 3-47. Burning ricks of hay, kilns, etc., in night time. 

Whoever shall in the night time maliciously, unlawfully and wilfully burn, 
or cause to be burned or destroyed, any ricks or stacks of hay, straw or grain 
or kilns shall, for every such offense, be punished by hard labor in the peni- 
tentiary for life or for a period not less than two years, according to the ag- 
gravation of the offense. 

1942 Code § 1163; 1932 Code § 1163; Cr. C. '22 § 56; Cr. C. '12 § 190; Cr. C. '02 § 157; 
G. S. 2484; R. S. 154; 22 and 33 C. 2, c. 7: 1712 (2) 521; 1869 (14) 175; 1887 (19) 793. 

§ 3-48. Burning stacks of corn, etc., in daytime. 

Whoever shall maliciously, unlawfully and wilfully burn, or cause to be 
burned or destroyed, any ricks or stacks of corn or grain or kilns, in the day- 
time, shall be adjudged guilty of a misdemeanor and liable to be fined and 
imprisoned, in the discretion of the court, for such offense. 

1942 Code § 1179; 1932 Code § 1179; Cr. C. '22 § 69; Cr. C. '12 § 213; Cr. C. '02 § 158; 
G. S. 2495; R. S. 155; 1828 (6) 367. 

Cross reference. — As to burning of crops, Meaning of "burned or caused to be 

personal property, etc., see § 16-314. burned." — The words "burn or caused to 

152 



§ 3-49 Agriculture § 3-52 

be burned or destroyed," in this section. age be done by fire. State v. De Bruhl, 10 
mean that the property must be demolished Rich. (44 S. C. Law) 23. 
or unfitted for its purpose and such dam- 

§ 3-49. Making away with produce before paid for. 

Any person engaged in the business of buying cotton, corn, rice or similar com- 
modities, either on his own account or for others, who shall buy such on sale 
from a planter, commission merchant or any other person for cash and shall 
fail or refuse to pay for the same and make away with or dispose of the same 
before he shall have paid therefor shall be deemed guilty of fraud and embezzle- 
ment and shall be liable, on conviction, to be imprisoned in the penitentiary 
for a term of not less than one year nor more than five years, at the discretion of 
the court. 

1942 Code § 1282; 1932 Code § 1282; Cr. C. '22 § 177; Cr. C. '12 § 457; Cr. C. '02 § 344; 
G. S. 2521; R. S. 283; 1877 (16) 250. 

As to punitive damages in civil action for Cited in Lee v. Marion Nat. Bank, 167 

violation of section, see McDaniel v. Mon- S. C. 168, 166 S. E. 148. 
roe, 63 S. C. 307, 41 S. E. 456 (1902). 

§ 3-50. Factors failing to account for produce guilty of fraud. 

Any factor'or commission merchant who shall receive from any planter any 
cotton, rice or other agricultural produce for sale and shall 

(1) Sell the same and fail to pay over the net proceeds thereof to the 
planter on demand ; 

(2) Apply the same to his own use and benefit ; or 

(3) Fail to account for the same in a satisfactory manner if unsold 

Shall be guilty of fraud and embezzlement and, on conviction thereof, 

shall be imprisoned in the penitentiary not less than one year nor more than 

five years, at the discretion of the court. 

1942 Code § 1283; 1932 Code § 1283; Cr. C. '22 § 178; Cr. C. '12 § 458; Cr. C. '02 § 345; 
G. S. 2522; R. S. 284; 1877 (16) 250. 

Cited in State v. Moore, 128 S. C. 192, 
122 S. E. 672. 

§ 3-51. Not guilty if products destroyed by accident. 

No person shall be convicted under the provisions of §§ 3-49 or 3-50 if he 

can show that the cotton, corn, rice or other products received by him were 

destroyed by accident, after due diligence on his part, or that he was forcibly 

deprived of the possession thereof. 

1942 Code § 1284; 1932 Code § 1284; Cr. C. '22 § 179; Cr. C. '12 § 459; Cr. C. '02 § 346; 
G. S. 2523; R. S. 285; 1877 (16) 250. 

§ 3-52. Fines from State Agricultural Fair to go to treasurer thereof. 

For the purpose of better providing for the preservation of the public peace 
during the annual fairs of the State Agricultural and Mechanical Society 
of South Carolina all fines imposed for offenses committed on the fair grounds 
during the sessions of the annual fairs shall be turned over to the treasurer 
of the society by the magistrate before whom such cases are tried if the 

153 



§3-52 



Code of Laws of South Carolina 



§3-52 



arrests of the offenders were made by persons appointed or employed by the 
authorities of the society. 

1942 Code §951; 1932 Code §951; Cr. C. '22 §4S; Cr. C. '12 § 48; 1910 (26) 772. 

Cross reference. — As to county fairs and 
fair associations, see §§ 14-651 to 14-687. 



CHAPTER 2. 
State Crop Pest Commission; Insecticides and Fungicides. 



Article 1. 
General Provisions. 
Sec. 

3-101. Appointment of Commission; duties. 

3-102. Officers and employees. 

3-103. Salaries and expenses. 

3-104. Powers and duties. 

3-105. Blank. 

3-106. Blank. 

3-107. Discovery of injurious insects or 
plant diseases; remedial measures. 

3-108. Blank. 

3-109. Police power; report of violations. 

3-110. Interfering with officers and em- 
ployees. 

3-111. Other penalties. 

3-112. Fines, how used. 

Article 2. 
Sales of Trees, Shrubs, etc. 

3-124. Inspection of certain shipments into 
State. 

3-125. Bond required on such shipments 
into State. 

3-126. Suits on bond. 

3-127. Appointment of agent for service of 
process by such shippers. 

3-128. Annual license tax on such shippers. 

3-129. Penalty on such shippers. 

3-130. Sale of diseased plants a misde- 
meanor. 

Article 3. 

Neglected or Abandoned Apple or 
Peach Trees. 

3-141. When such trees constitute public 

nuisances. 
3-142 Petition for removal or destruction 

of such trees. 



Sec. 

3-143. Citation to show cause against re- 
moval or destruction. 

3-144. Service of citation. 

3-145. Order for removal or destruction of 
trees; service. 

3-146. Destruction or removal when owner 
fails so to do. 

3-147. Enforcement. 

Article 4. 
Insecticides and Fungicides. 

3-161. Poisonous white agricultural insecti- 
cide or fungicide to be colored. 

3-162. Arsenical or other preparations for 
boll weevil control must comply 
with specifications. 

3-163. Specifications of product for control- 
ling insects or plant diseases. 

3-164. Labels or tags required. 

3-165. Each sale, etc., a separate offense. 

3-166. Powers of Commission. 

3-167. Penalty for violating § 3-161. 

3-168. Confiscation of uncolored poisons. 

3-169. Penalties for violation of other sec- 
tions. 

3-170. Penalties additional; damages. 

Article 5. 

Introduction of Honey Bees 
into State. 

3-181. Certificate required; exception. 

3-182. Powers of Commission; rules and 
regulations. 

3-183. Inspection; removal or destruction of 
bees, fixtures, etc. 

3-184. Introduction of used fixtures regu- 
lated. 

3-185. Penalties. 



154 



§ 3-101 Agriculture § 3-104 

Article 1. 

General Provisions. 

§ 3-101. Appointment of Commission; duties. 

On and after April 1st of each even numbered year the Board of Trustees 

of The Clemson Agricultural College of South Carolina shall designate not 

over five of its members who shall constitute and be known as the State 

Crop Pest Commission of South Carolina and who shall be charged with the 

execution of the provisions of this chapter. 

1942 Code § 3254; 1932 Code § 3254; Civ. C. '22 § 960; Civ. C. '12 § 875; Civ. C. '02 § 741 ; 
1901 (23) 703; 1903 (24) 22; 1912 (27) 748. 

§3-102. Officers and employees. 

The Commission may appoint an entomologist, who shall be known as the 

state entomologist, and a pathologist, who shall be known as the state 

pathologist, and such assistants, deputies and agents of the entomologist and 

pathologist as in their judgment may seem necessary, so that the duties 

hereby devolved upon them may be properly discharged. The entomologist 

and pathologist shall perform or direct all the duties required under the 

rules, ordinances and regulations of the Commission. 

1942 Code § 3255; 1932 Code § 3255; Civ. C. '22 § 961; Civ. C. '12 § 877; Civ. C. '02 § 743; 
1901 (23) 703; 1903 (24) 22; 1912 (27) 748. 

§ 3-103. Salaries and expenses. 

The State Crop Pest Commission shall fix the salaries of the entomologist 
and pathologist and their assistants, deputies and agents. Such salaries shall 
be paid out of the funds provided by law for the use of Clemson College ; and 
in addition to the salaries such expenses as the Commission may allow for 
traveling and other incidental expenses, including reports and other publica- 
tions. 

1942 Code § 3256; 1932 Code § 3256; Civ. C. '22 § 962; Civ. C. '12 § 878; Civ. C. '02 § 744; 
1901 (23) 703; 1903 (24) 22; 1912 (27) 748. 

§3-104. Powers and duties. 

The State Crop Pest Commission may make, promulgate and enforce such 
just and reasonable rules, ordinances and regulations as in the judgment of 
the Commission may be necessary to eradicate or prevent the introduction, 
spread or dissemination of any injurious insects and plant diseases and pre- 
vent fraud or misrepresentation in the sale and dissemination of fruit trees, 
nut trees, shade and ornamental trees, vines, shrubs, plants, bulbs and roots 
for propagation purposes. Such rules, ordinances and regulations shall have 
the force and effect of law so far as they are consistent with the general 
laws of the State and the laws of the United States. The Commission may 
regulate or prohibit the shipment within, or the importation into, this State 
of any plants, farm products or other articles of any nature or character 
whatsoever from any State, territory or foreign country when, in the opinion 

155 



§3-105 Code of Laws of South Carolina §3-111 

of the Commission, such regulation or prohibition is necessary to prevent the 

introduction or dissemination of injurious insect pests and plant diseases. 

1942 Code § 3257; 1932 Code § 3257; Civ. C. '22 § 963; Civ. C. '12 § 876; Civ. C. '02 § 742; 
1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1922 (32) 975. 

§3-105. Blank. 

§3-106. Blank. 

§3-107. Discovery of injurious insects or plant diseases; remedial measures. 
When the entomologist or pathologist of the Commission suspect any in- 
jurious insects or plant diseases to exist in any part of the State, they shall 
verify such suspicion, and, if the same is ascertained to be well founded, the 
entomologist and pathologist shall adopt such remedial measures as they 
may deem necessary and practical. 

1942 Code § 3258; 1932 Code § 3258: Civ. C. '22 § 964; Civ. C. '12 § 879; Civ. C. '02 § 745; 
1901 (23) 703; 1903 (24) 22; 1912 (27) 748. 

§ 3-108. Blank. 

§ 3-109. Police power ; report of violations. 

The members of the State Crop Pest Commission, the entomologist and the 
pathologist and their assistants, deputies and agents shall have police power 
in executing the provisions of this chapter. Every person shall report viola- 
tions to the Commission. 

1942 Code § 3261; 1932 Code § 3263; Civ. C. '22 § 971; 1912 (27) 748. 

§ 3-110. Interfering with officers and employees. 

Any person who shall seek to prevent any inspection under the direction 
of the State Crop Pest Commission by the entomologist or pathologist or any 
of their deputies, assistants or agents or who shall otherwise interfere with 
the entomologist or pathologist or any of their assistants, deputies or agents, 
while in the performance of their duties under this chapter, shall be guilty 
of a misdemeanor and shall, upon conviction thereof, be punished by a fine 
of not less than fifty dollars nor more than five hundred dollars or imprisonment 
for not less than ten days, or both such fine and imprisonment, at the discretion 
of the court having jurisdiction. 

1942 Code § 3260; 1932 Code § 3264; Civ. C. '22 § 970; Cr. C. '22 § 275; 1912 (27) 748. 

§3-111. Other penalties. 

Any person violating any of the rules of the Commission shall be deemed 
guilty of a misdemeanor and shall, upon conviction thereof, be punished by a 
fine of not less than fifty dollars nor more than five hundred dollars, or im- 
prisonment for not less than ten days nor more than six months, or both such 
fine and imprisonment, at the discretion of the court having jurisdiction. 
The Commission may enforce its rules, ordinances and regulations in any court 
of competent jurisdiction by civil as well as criminal proceedings and if it is 

156 



§3-112 Agriculture §3-126 

necessary to issue a writ of injunction no court of this State shall have the 
right previous to a trial upon the merits to set aside such writ on bond. 
The Attorney General and the solicitors shall represent the Commission when- 
ever called upon to do so. The Commission, in the discharge of its duties 
and in the enforcement of the powers herein delegated, may administer oaths 
and hear witnesses, and to that end the various sheriffs through the State 
shall serve all summonses and other papers upon the request of the Com- 
mission. 

1942 Code § 3259; 1932 Code § 3259; Civ. C. '22 § 965; Cr. C. '22 § 274; 1912 (27) 748. 

§ 3-1 12. Fines, how used. 

All fines resulting from prosecutions under this chapter shall be paid to the 
State Treasurer and deposited to the credit of the State Treasury. 

1942 Code § 3262; 1932 Code § 3266; Civ. C. '22 § 972; 1912 (27) 748. 

Article 2. 
Sales of Trees, Shrubs, etc. 

§ 3-124. Inspection of certain shipments into State. 

Every person engaged in the nursery business at a place without this State 
who ships trees or plants into this State shall have the same examined by the 
State Crop Pest Commission, and no such shipment shall be made until 
and unless such plants have been inspected by the Commission and shall 
have had placed thereon a tag prepared by the Commission, showing that 
such trees or plants have been duly inspected and are free from disease. 

The provisions of this section shall not apply to persons engaged in the 
nursery business in any state which recognizes and accepts the inspection 
made by the State Crop Pest Commission on shipments made from this State. 

1942 Code § 3267; 1932 Code § 3267: 1926 (34) 957. 

§ 3-125. Bond required on such shipments into State. 

Before any such person engaged in the nursery business at a place without 
this State, in a state which does not recognize and accept the inspection made 
by the State Crop Pest Commission of South Carolina on shipments made 
from this State, shall be permitted to sell or deliver trees or plants within this 
State he shall execute a bond in the sum of five thousand dollars and file 
same with the Commission. The bond shall be in the form prescribed by 
the Commission and conditioned upon such person conforming to all the rules, 
regulations and requirements of the Commission. The Commission shall 
prepare and furnish all forms necessary to carry out the provisions of this 
section. 

1942 Code §3267; 1932 Code §3267; 1926 (34) 957. 

§3-126. Suits on bond. 

Any person who may suffer loss or damage by reason of sales made within 
this State by a person to whom the provisions of § 3-124 apply shall have a 
right to sue on the bond required by § 3-125 in any county in this State. 

1942 Code § 3267; 1932 Code § 3267; 1926 (34) 957. 

157 



§ 3-127 Code of Laws of South Carolina § 3-141 

§ 3-127. Appointment of agent for service of process by such shippers. 

As a further condition precedent for doing business in this State any person 
to whom the provisions of § 3-124 apply shall appoint the Secretary of State 
as his agent to accept service in any suit brought against him for the viola- 
tion of the conditions of the bond required by § 3-125. 

1942 Code § 3267; 1932 Code § 3267; 1926 (34) 957. 

§ 3-128. Annual license tax on such shippers. 

Any person to whom the provisions of § 3-124 apply shall pay an annual 
license tax of one hundred dollars to do business in this State, said amount to 
be paid to the State Treasurer who shall issue a receipt for same. 

1942 Code § 3267; 1932 Code § 3267; 1926 (34) 9S7. 

§ 3-129. Penalty on such shippers. 

Any person to whom the provisions of § 3-124 apply failing or refusing 
to file the bond or pay the license tax as aforesaid shall be guilty of a mis- 
demeanor and be subject to a fine of not more than five hundred dollars or 
imprisonment for not more than two years, or both such fine and imprison- 
ment within the discretion of the court. 

1942 Code § 3267; 1932 Code § 3267; 1926 (34) 957. 

§ 3-130. Sale of diseased plants a misdemeanor. 

It shall be unlawful to sell, offer for sale or transport plants, buds, trees, 

shrubs, vines, tubers, bulbs, roots or cuttings known to be infested with 

dangerous or injurious insects or plant diseases; and any person violating the 

provisions of this section shall be deemed guilty of a misdemeanor and, upon 

conviction, shall be fined in a sum not exceeding one hundred dollars or 

imprisoned in the county jail for not exceeding thirty days. 

1942 Code § 5806-21; 1932 Code § 1334; Cr. C. '22 § 224; Cr. C. '12 § 518; Cr. C. '02 § 366: 
1900 (23) 703. 

Article 3. 

Neglected or Abandoned Apple or Peach Trees. 

§ 3-141. When such trees constitute public nuisances. 

Neglected or abandoned apple and peach trees which, because of the exist- 
ence therein or thereon of pests, or because of other conditions, constitute 
a menace to the fruit growing industry of the county, district or vicinity or 
which are host plants of or provide a favorable and likely harbor for pests 
are public nuisances and it is unlawful to maintain the same. All remedies 
which are or may be given for the prevention or abatement of nuisances apply 
thereto. Whenever the State Crop Pest Commission determines by inspection 
that there exists a condition which constitutes a nuisance under this section 
on any property or premises within its jurisdiction, it shall make a report 
of such property upon which the nuisance exists to the circuit solicitor, nam- 
ing the pest or pests or other conditions which in its opinion are dangerous 
to the fruit growing industry of the county, district or vicinity and if, in its 

158 



§ 3-142 Agriculture § 3-144 

judgment, its findings justify it, it shall state in such report that the removal 
or destruction of the neglected or abandoned apple and peach trees will pro- 
vide the best means for elimination of such menace to the fruit growing 
industry of the county, district or vicinity. 
1947 (45) 246. 

§ 3-142. Petition for removal or destruction of such trees. 

Whenever the circuit solicitor receives from the Commission such a report, 
he shall prepare from such report and from the findings therein a petition 
to the circuit court of the county praying for an order to cause the removal 
or destruction of the neglected or abandoned fruit trees. The petition shall 
set forth a description of the property, the name of the owner or person 
in charge or possession thereof and the name of the pest or other conditions 
which constitute a menace to the fruit growing industry of the county, district 
or vicinity. 

1947 (45) 246. 

§ 3-143. Citation to show cause against removal or destruction. 

Upon the filing of such petition, a citation shall be issued by the county, 
requiring the owner or person in charge or possession of the property to ap- 
pear at a time and place specified to show cause why such neglected or aban- 
doned apple or peach trees should not be removed or destroyed, 

1947 (45) 246. 

§ 3-144. Service of citation. 

A copy of the citation, together with a copy of the petition, shall be 
served upon the record owner or upon the person in charge or in possession 
of the property, or upon an agent of either, not less than ten days before 
the date specified in the citation. A copy of the citation, together with a 
copy of the petition, may also be served upon any person who appears of rec- 
ord to be the owner of any encumbrance upon or interest in the property. 
The service may be personal, by delivery to the party on whom service is 
required to be made, or it may be made as follows: 

If the party resides within the county, service may be made by leaving a 
copy of the citation, together with a copy of the petition, at the residence 
of the party between the hours of eight in the morning and six in the evening 
with some person not less than eighteen years of age. If at the time of at- 
tempted service between said hours no such person can be found at the 
residence of the party, service may be made by mail. If the party does not 
reside within the county, service may be made by mail, if he resides or has 
his office at a place where there is a delivery service by mail and, if not or if his 
residence is not known, service may be made by posting a copy of the citation, 
together with a copy of the petition, in a conspicuous place on the property 
at least twenty days before the date specified in the citation. 

1947 (45) 246. 

159 



§ 3-145 Code of Laws of South Carolina § 3-161 

§ 3-145. Order for removal or destruction of trees ; service. 

On the day on which such citation is made returnable the case shall have 
precedence of all matters excepting injunctions, older matters of the same 
character and matters otherwise given precedence by law. The court shall 
thereupon decide whether or not the neglected or abandoned apple and peach 
trees shall be destroyed or removed. If the court is satisfied that the condition 
set forth in the petition exists on the property and that the removal or destruc- 
tion of the neglected or abandoned apple and peach trees is necessary for the 
welfare of the fruit growing industry of the county, district or vicinity, it shall 
make an order ordering within a certain time the removal or destruction of 
the neglected or abandoned apple and peach trees located upon the property 
described in such order and such order shall be served by the Commission, or 
by any person deputized by it for that purpose, upon the owner, if he can be 
found within the county and, if not found after due diligence, then upon the 
person in charge or possession thereof. If the owner or person in charge or 
possession of the property cannot after due diligence be found within the 
county then such order shall be served by posting it in a conspicuous place 
upon the property. 

1947 (45) 246. 

§ 3-146. Destruction or removal when owner fails so to do. 

The circuit judge may designate the county road supervisor or other similar 
county officer to remove by the roots and destroy condemned fruit plants 
after the true owner has been given a period of ninety days to do so ; and 
after such period if the infested fruit plants are not removed, then the judge 
shall direct removal by such a county officer and the costs thereof shall be 
charged to the owner thereof. 

1947 (45) 246. 

§ 3-147. Enforcement. 

The State Crop Pest Commission and the law enforcement officers of the 
State and all counties thereof are charged with the carrying out of the true 
enforcement of this article. 

1947 (45) 246. 

Article 4. 
Insecticides and Fungicides. 

§ 3-161. Poisonous white agricultural insecticide or fungicide to be colored. 

No person shall offer for sale, expose for sale or have in possession any 
arsenate of lead, calcium arsenate or any poisonous agricultural insecticide or 
fungicide of a white color unless such poison is colored by thoroughly mixing 
with it not less than one per cent by weight of finely divided lamp black or an 
adequate quantity of some other coloring material not injurious to plants. 

The Commissioner of Agriculture may promulgate and issue all necessary 
rules and regulations to carry this section into effect. He may call to his 
assistance all peace officers to enforce the provisions of this section. 
1942 Code § 5128-28; 1932 (37) 1469; 1933 (38) 235. 

160 



§ 3-162 Agriculture § 3-166 

§ 3-162. Arsenical or other preparations for boll weevil control must comply 
with specifications. 

It shall be unlawful for any person to sell or ofjer for sale for boll weevil 
control purposes within this State any substance or preparation represented 
to be calcium arsenate, any other arsenical preparation in dry powder form 
or any other material or preparation in any form offered for boll weevil control 
unless it shall comply with the specifications prescribed in the regulations of 
the State Crop Pest Commission of South Carolina. 

1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33; 1950 (46) 2339. 

§ 3-163. Specifications of product for controlling insects or plant diseases. 

Any person selling or offering for sale in this State any calcium arsenate or 
any other material or preparation for the purpose of destroying, controlling 
or preventing injurious insects or plant diseases shall file specifications of the 
same with the Commission. 

1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33. 

§ 3-164. Labels or tags required. 

Each such person shall plainly label, tag or mark each and every parcel, 
package, bottle or other container of any such material or preparation. In the 
case of calcium arsenate or any other arsenical preparation in dry powder 
form such label, tag or marking shall state the contents of the container 
in terms of the specifications prescribed by the Commission for calcium 
arsenate or such other arsenical preparation in dry powder form ; in case 
of other calcium arsenate preparations or other materials or preparations 
sold or offered for sale for the purpose of controlling, destroying or prevent- 
ing boll weevil or other injurious insects or plant diseases such label, tag or 
marking shall correctly state the chemical analysis of the contents of the con- 
tainer. It shall be unlawful to offer any such preparations or materials for sale 
unless they are so labeled or marked and unless the contents thereof are 
correctly stated in the label, tag or marking required by this section and a per- 
mit for such sale has been issued by the South Carolina State Crop Pest 
Commission and received by the seller. 
1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33; 1950 (46) 2339. 

§ 3-165. Each sale, etc., a separate offense. 

Each and every sale or offer for sale in violation of the terms of §§ 3-162 to 
3-164 or rules and regulations of the Commission made pursuant hereto shall 
be deemed a separate and distinct offense and shall be punishable as such. 

1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33. 

§ 3-166. Powers of Commission. 

The Commission shall enforce the provisions of §§ 3-162 to 3-164 and may 

determine, prescribe and promulgate specifications of any and all materials 

covered by said sections, including their chemical composition, solubility and 

physical properties, and may make such rules and regulations as the Commis- 

[ ISC Code] — II 161 






§3-167 Code of Laws of South Carolina §3-181 

sion deems necessary to carry out the intent and purposes of the sections it is 
hereby authorized to enforce. 

1942 Code § 3268: 1932 Code § 3268; 1923 (33) 33. 

§ 3-167. Penalty for violating § 3-161. 

Any person violating any of the provisions of § 3-161 shall be guilty of a 
misdemeanor and upon conviction thereof shall be subject to a fine of not 
more than three hundred dollars or imprisonment for a period not exceeding 
six months. 

1942 Code § 512S-28; 1932 (37) 1469; 1933 (38) 23S. 

§ 3-168. Confiscation of uncolored poisons. 

Any poison described in § 3-161 offered or exposed for sale, in possession 
for sale or sold by any person without being first colored as required by 
§ 3-161 shall be subject to seizure by and confiscation to the State; and 
after discoloration such poison shall then be sold under such rules as may 
be promulgated by the Commissioner of Agriculture. 

1942 Code § 5128-28; 1932 (,37) 1469; 1933 (38) 235. 

§ 3-169. Penalties for violation of other sections. 

Any person violating any of the provisions of §§ 3-162 to 3-164 or the rules 
and regulations of the Commission promulgated under § 3-166 shall be guilty 
of a misdemeanor and shall be punished by a fine of not less than fifty dollars, 
or imprisonment for not less than ten days, or both, at the discretion of any 
court having jurisdiction. 

1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33. 

§ 3-170. Penalties additional ; damages. 

The provisions as to penalties in § 3-169 are in addition to the rights of the 
injured party to recover in a court of competent jurisdiction any damages 
sustained by reason of a violation of the provisions of §§ 3-162 to 3-164 or the 
rules and regulations of the Commission by any seller of the materials 
covered in said sections, his damage to be determined by a jury. 

1942 Code § 3268; 1932 Code § 3268; 1923 (33) 33. 

Article 5. 

Introduction of Honey Bees into State. 

§ 3-181. Certificate required; exception. 

All honey bees shipped or moved into this State shall be accompanied by a 
certificate of inspection signed by the state entomologist, state apiary inspec- 
tor or corresponding official of the state or country from which such bees 
are shipped or moved. Such certificate shall certify to the apparent freedom 
of the bees, and the combs and hives, from contagious and infectious diseases 
and must be based upon an actual inspection of the bees themselves within a 
period of sixty days preceding the date of shipment; provided, that when 
the honey bees are to be shipped into this State from other states or countries 

J62 [ I SC Code] 



§ 3-182 Agriculture § 3-185 

wherein no official apiary inspector or state entomologist is available, the 
State Crop Pest Commission may issue a permit for such shipment upon 
presentation of suitable evidence showing the bees to be free from diseases. 
1942 Code § 3269; 1932 Code § 3269; 1922 (32) 1028. 

§ 3-182. Powers of Commission; rules and regulations. 

The Commission may deal with American and European foul brood, Isle of 
Wight disease and all other contagious and infectious diseases of honey bees 
which, in its opinion, may be prevented, controlled or eradicated ; and may 
make, promulgate and enforce such rules, ordinances and regulations and 
do and perform such acts as in its judgment may be necessary to control, 
eradicate or prevent the introduction, spread or dissemination of any and 
all contagious diseases of honey bees as far as may be possible. All such rules, 
ordinances and regulations of the Commission shall have the force and effect 
of law. 

1942 Code § 3269; 1932 Code § 3269; 1922 (32) 1028. 

§ 3-183. Inspection ; removal or destruction of bees, fixtures, etc. 

The Commission, its agents and employees, may enter any depot, express 
office, storeroom, warehouse or premises for the purpose of inspecting any 
honey bees or beekeeping fixtures or appliances therein or thought to be 
therein, for the purpose of ascertaining whether any such bees or fixtures (1) 
are infected with any contagious or infectious diseases or (2) have been or 
are being transported in violation of any of the provisions of this article. 
The Commission through its agents or employees may require the removal 
from this State of any honey bees or beekeeping fixtures which have been 
brought into the State in violation of the provisions of this article. And if 
the Commission finds that any honey bees or fixtures are infected with any 
contagious or infectious disease or finds that such bees or fixtures have been 
exposed to danger of infection by any such diseases it may require the de- 
struction, treatment or disinfection of such infected or exposed bees, hives, 
fixtures or appliances. 

1942 Code § 3269; 1932 Code § 3269; 1922 (32) 1028. 

§ 3-184. Introduction of used fixtures regulated. 

The shipment or movement into this State of any used or second-hand bee 
hives, honey combs, frames or other beekeeping fixtures is prohibited except 
under such rules and regulations as may be prescribed by the Commission. 

1942 Code § 3269; 1932 Code § 3269; 1922 (32) 1028. 

§ 3-185. Penalties. 

Any person violating any of the provisions of this article or of the rules or 
regulations of the Commission issued hereunder shall be deemed guilty of 
a misdemeanor and upon conviction shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more than six months 
in the county jail. 

1942 Code § 3269; 1932 Code § 3269; 1922 (32) 1028. 

163 



Code of Laws of South Carolina 

CHAPTER 3. 
Marketing of Agricultural Products * 



Article 1. 

State Agricultural Marketing Commission 
Generally. 

Sec. 

3-201. Purpose. 

3-202. Appointment of members; qualifica- 
tions. 

3-203. Terms; vacancies. 

3-204. Domicile; rules; records. 

3-205. Meetings; quorum; compensation. 

3-206. Marketing director. 

3-207. Bonds of employees. 

3-208. Commission's duties and powers; 
rules and regulations. 

3-209. Rules to be filed and posted. 

3-210. Services to other markets. 

3-211. Commission not to establish unsound 
markets. 

3-212. Markets' records. 

3-213. Deposit and disbursement of pro- 
ceeds of operations. 

3-214. Penalties. 

3-21S. No effect on existing agricultural 
agencies. 

Article 2. 
Revenue Bonds of Commission. 

3-221. Revenue bonds for market improve- 
ments. 

3-222. Authorization and terms of bonds. 

3-223. Covenants in regard to bonds. 

3-224. Execution of bonds. 

3-225. Exemption from taxation. 

3-226. Commission, State and members 
credit not pledged. 

3-227. Effect of imposition of statutory 
liens. 

3-228. Sale of bonds. 

3-229. Bonds legal for investments of fiduci- 
aries, etc. 

3-230. Operation of project through court in 
case of default. 

3-231. Enforcement by suit, etc. 

3-232. Refinancing bonds. 

Article 3. 

Local Marketing Authorities. 

3-241. Local marketing authorities; petition. 
3-242. Investigation and incorporation. 
3-243. Organization; bylaws; officers. 



Sec. 

3-244. Supervision and assistance of Com- 
mission. 

Article 4. 

Promotion of Export Trade in 
Flue-Cured Tobacco. 

3-246. Public interest in such promotion. 
3-247. Desirability of referendum on as- 
sessment. 
3-248. Provision for such referendum. 
3-249. Dates, voting places, rules, notices, 

etc., of referenda. 
3-249.1. Ballots; poll holders; canvass and 
declaration of result. 
Question of referendum. 
Effect of one-third negative vote in 

referendum. 
Effect of two thirds in favor of as- 
sessment. 
Collection and disposition of assess- 
ment. 
Dissatisfied farmers to receive re- 
funds. 
Annual statement of amounts re- 
ceived and disbursed. 
Subsequent referendum when pre- 
ceding one unsuccessful. 
Subsequent referendum when pre- 
ceding one successful. 

Article 5. 

County and City Farm Marketing 
Centers. 

3-251. Authorization. 

3-252. Projects; processing equipment in- 
cludible. 

3-253. Power to condemn; purchase; bor- 
rowing. 

Article 6. 

Columbia Marketing Commission. 

3-261. Establishment. 

3-262. Appointment, terms and vacancies. 

3-263. Duties and powers. 

3-264. Commission may receive and expend 

funds. 
3-265. Issue of revenue bonds for market 

improvements. 



3-249.2. 


3-249.3. 


3-249.4. 


3-249.5. 


3-249.6. 


3-249.7. 


3-249.8. 


3-249.9. 



* As to Cooperative Marketing Act, see §§ 12-901 to 12-975. As to regulation of markets, 
see § 47-63. As to farm and home products being marketed without license in a municipal 
corporation, see § 47-73. As to registration and recordation of marketing contracts, see 
§§ 60-351 to 60-356. 

164 



Agriculture 



Sec. 




Sec. 


3-266. 


City, Commission and members not 


3-316.1. 




obligated thereby. 


3-316.2. 




Article 7. 


3-316.3. 


Florence City-County Agricultural 
Commission. 

3-267. Establishment. 
3-268. Officers. 


3-316.4. 
3-316.5. 
3-316.6. 


3-269. 
3-270. 


Body politic; corporate powers. 
Duties and powers. 


3-316.7. 


3-271. 


Improvements made by funds appro- 




3-272. 


priated by city and county. 
Reports. 


3-316.8. 




Article 8. 


3-316.9. 

3-317. 



Greenville County Marketing 
Commission. 

3-281. Purpose of Commission. 

3-282. Purpose of Market. 

3-283. Personnel; terms; appointment; va- 
cancy. 

3-284. Organization; records. 

3-285. Meetings; quorum. 

3-286. Duties and powers. 

3-287. Promulgation and effect of rules and 
regulations. 

3-288. How funds paid out. 

3-2S9. Bonds of employees. 

3-290. Repayment of loans. 

3-291. Issue of revenue bonds. 

3-292. Description of bonds. 

3-293. Sale of bonds. 

3-294. Pledge of income. 

3-295. Annual audit. 

3-296. Penalties. 



3-317.1 



Personnel, appointment, terms and 
vacancies. 

Officers; bond of treasurer. 

Purposes of article; rules and regu- 
lations. 

Facilities; employees. 

Market sites and facilities. 

Supervision and maintenance of 
markets. 

Weighing and handling of agricul- 
tural products; duties of cotton 
weighers. 

Agreements with producers and 
buyers. 

Gifts. 

Control of expenditures; not to ob- 
ligate the county. 

Records; reports; budgets. 

Article 12. 



Lexington County Marketing Commission. 

3-319. Creation. 

3-319.1. Composition, term, compensation 
and vacancies. 

3-319.2. Officers. 

3-319.3. Marketing agent and other employ- 
ees. 

3-319.4. Purpose of commission; acquisition 
of facilities. 

3-319.5. Space in wholesale marketing center 
in Richland County. 

3-319.6. Rules and regulations; charges. 

3-319.7. Cooperation with other marketing 
agencies; promotion of farm co- 
operative enterprises. 



Article 9. 

Jasper County Marketing Board. 

3-301. Appointment; terms; pay; vacancy. 

3-302. Organization. 

3-303. Purpose; property and equipment. 

3-304. Manager and treasurer to give bond. 

3-305. Facilities to be leased. 

3-306. Disposition of proceeds. 

Article 10. 

Lancaster County Marketing 
Building 

3-311. Building used by cooperatives. 
3-312. Management; operation; offices. 
3-313. Duties of officers and board. 
3-314. Exemption from taxes. 

Article 11. 

Lee County Agricultural Marketing 
Commission. 

3-316. Creation. 



Article 13. 

Spartanburg County Farmer's 
Market. 

3-321. Created; governing board to manage. 
3-322. Governing board; personnel; terms. 
3-323. Compensation; officers; advisory re- 
tail council. 
3-324. Property exempt from taxes. 

Article 14. 

Spartanburg County 
Curb Market Commission. 

3-327. Creation, membership and terms. 
3-328. Officers. 

3-329. Commission to control and operate 
curb market. • 

Article 15. 

Sumter County Market Facilities. 

3-330. Lease or operation by commission. 



165 



§ 3-201 Code of Laws of South Carolina § 3-204 

Sec. Article 16. 

MX i £ n ! argen '! ent °f fa c ;lit >". Florence County Truck 

3-JO0.2. Rules and regulations for operation; Market 

fees; employees. 

Sec. 

3-331. Charge for maintenance. 

Article 1. 
State Agricultural Marketing Commission Generally. 

§ 3-201. Purposes. 

For the purpose of aiding, establishing and providing proper facilities for 
the efficient handling of farm and other food products in the interest of the 
farmer, consumer and general public and to assist in the disposal and sale of 
such products, the State Agricultural Marketing Commission, hereinafter re- 
ferred to as the Commission, has been created. 

1948 (45) 1892. 

§ 3-202. Appointment of members; qualifications. 

The Commission shall consist of seven members as follows: the Commis- 
sioner of Agriculture, ex officio, chairman ; the President of The Clemson Agri- 
cultural College of South Carolina, ex officio ; and five (5) citizens of the State 
to be appointed by the Governor, with the advice and consent of the Senate, 
as follows : 

A citizen who is a commercial producer of fruits or vegetables ; a citizen who 
is a commercial producer of poultry or eggs ; a citizen who is a commercial 
producer of livestock; a citizen who is a wholesale produce merchant; and a 
citizen who is a retail grocer. 

The ex officio members of the Commission may vote and transact business 
at any meeting of the Commission by proxy. 

1948 (45) 1892. 

§ 3-203. Terms; vacancies. 

The terms of the members originally appointed having been as follows : the 
citizen producing fruits or vegetables for a term of one year, the citizen pro- 
ducing poultry or eggs for a term of two years, the citizen producing livestock 
for a term of three years, the wholesale produce merchant for a term of four 
years and the retail grocer for a term of five years ; each of their successors 
shall be appointed for a term of five years. Any vacancy or vacancies on the 
Commission shall be filled by the appointment of the Governor for the unex- 
pired term or terms. 

1948 (45) 1892. 

§3-204. Domicile; rules; records. 

The Commission shall be domiciled at Columbia. The Commission shall 
adopt its own rules of procedure and shall keep adequate records of its pro- 
ceedings. 

1948 (45) 1892. 

166 



§ 3-205 Agriculture § 3-208 

§3-205. Meetings; quorum; compensation. 

The Commission shall meet at least once each quarter and at such other 
times as may be necessary. It may be called in special session upon notice 
mailed by the chairman not less than seven days prior to the date of any special 
meeting; provided, that this requirement as to the notice of a special meeting 
may be waived in any particular instance by consent of all of the members 
of the Commission in writing. Four members of the Commission shall con- 
stitute a quorum thereof for the transaction of business and each member 
attending a meeting shall receive a per diem and actual expenses incurred in 
attending such meeting; provided, however, that the ex officio members shall 
receive no per diem for attending the meetings of the Commission. 

1948 (45) 1892. 

§ 3-206. Marketing director. 

The Commission shall appoint a marketing director who shall act as 
executive secretary thereof; provided, that at its first meeting the Commission 
may appoint the chief of the division of markets of the South Carolina agri- 
cultural extension service as its marketing director and executive secretary 
to serve until such time as the Commission shall deem it advisable to appoint 
a full-time director and, if so appointed, the duties performed by the chief of 
the division of markets shall be in addition to the duties performed by him as 
chief of the division of markets and he may be compensated therefor by the 
Commission in such sum as it shall determine. 

1948 (45) 1892. 

§ 3-207. Bonds of employees. 

The marketing director and each of the employees of the Commission who 
shall be charged with the duty of collecting and handling funds shall be re- 
quired to enter into such surety bond as the Commission, in its discretion, 
shall direct. 

1948 (45) 1892. 

§ 3-208. Commission's duties and powers; rules and regulations. 
The duties and powers of the Commission shall be: 

(1) To request established research agencies to make for it such studies 
and surveys as may be necessary to determine if and where wholesale farmers' 
markets should be established within the State ; the kind and size of the 
markets best suited to the various sections of the State; the estimated cost of 
constructing such markets ; and such other information as may be necessary 
to determine the probable economic feasibility of proposed markets; and 
otherwise to make and to have such studies and surveys made; 

(2) To acquire by purchase, lease, gift or otherwise suitable sites within 
the State to be used as wholesale farmers' markets and to erect thereon nec- 
essary buildings and marketing facilities; and to operate and maintain the 
same for the handling, classifying, grading and sale of fruits, vegetables, 
poultry, eggs, dairy products, livestock and other farm products ; 

167 



§ 3-209 Code of Laws of South Carolina § 3-209 

(3) To construct and equip and to remodel, reconstruct and re-equip build- 
ings and other facilities to form part of any market and for such purposes to 
expend any funds in its hands or to which it may be entitled, not otherwise 
appropriated or pledged and the proceeds of any revenue bonds issued pursuant 
to article 2 of this chapter; 

(4) To employ a marketing director, market managers and such technical, 
clerical and other help as shall be necessary to carry out the purposes and 
intent of articles 1, 2 and 3 of this chapter and fix their compensation and nec- 
essary expenses ; 

(5) To rent space in and on the markets on such terms and for such periods 
of time and to make such reasonable charges for the use of the markets and 
their facilities and services as shall be sufficient to defray the expenses of the 
operation and maintenance thereof, as well as the whole or a portion of the 
cost of acquiring and constructing same ; 

(6) To request established educational agencies to instruct the farmers 
of the State, through and in connection with the markets established under 
articles 1, 2 and 3 of this chapter, in the standardization, grading, packing, 
processing, loading, refrigerating, diversion and distribution of farm products 
and otherwise to give and to have such instruction given ; 

(7) To request established research agencies to carry on research work 
through and in connection with the markets established under this article and 
otherwise to carry on and to have such research work carried on ; 

(8) To receive and use federal grants for all or any of the purposes of ar- 
ticles 1, 2 and 3 of this chapter and to receive and use any other grants or 
contributions for such purposes ; 

(9) To place processing equipment and to establish marketing facilities on 
markets within the State, whether established under the provisions of articles 
1, 2 and 3 of this chapter or not, on such terms and conditions as the Commis- 
sion shall deem proper; 

(10) To make such loans to local marketing authorities established under 
the provisions of articles 1, 2 and 3 of this chapter as the Commission shall 
deem to be economically sound ; to make grants to such local marketing au- 
thorities and to place processing equipment and to locate marketing facilities 
on such markets on such terms and conditions as the Commission shall deem 
proper ; 

(11) To coordinate all wholesale farmers' markets within the State insofar 
as it is possible to do so, whether established under the provisions of articles 
1, 2 and 3 of this chapter or not, into a market system ; and 

(12) To make and promulgate such rules and regulations as, in the opinion 
of the Commission, shall be necessary to carry out the purposes of articles 1, 2 
and 3 of this chapter. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-209. Rules to be filed and posted. 

Any rules and regulations made and promulgated under the provisions of 
paragraph (12) of § 3-208 shall be filed with the Secretary of State and shall 

168 



§3-210 Agriculture §3-215 

be posted in a conspicuous place in each market. When so filed and posted 
such rules and regulations shall have the force and effect of law. 
1948 (45) 1892. 

§ 3-210. Services to other markets. 

The inspection, grading and buyers' services herein provided for shall be 
available to private markets, cooperative markets and markets of any political 
subdivision at such reasonable charges as the Commission may make and in 
compliance with the rules and regulations which the Commission may promul- 
gate. 

1948 (45) 1892. 

§ 3-211. Commission not to establish unsound markets. 

No market shall be established under the provisions of articles 1, 2 or 3 of 
this chapter when studies and surveys made as aforesaid with respect to its 
proposed establishment indicate that, if established, it would not be a sound 
and successful business venture. 

1948 (45) 1892. 

§ 3-212. Markets' records. 

The Commission sball keep such records with respect to the markets established 
by it under the provisions of articles 1. 2 or 3 of this chapter and shall require the 
keeping of such records by the local marketing authorities established hereunder 
as in its judgment, will contribute to a better knowledge of farm market needs and 
cost and will suggest ways of increasing the efficiency in the operation of the markets. 

1948 (45) 1892. 

§ 3-213. Deposit and disbursement of proceeds of operations. 

All funds realized from or in connection with the operation of the wholesale 
farmers' markets established by the Commission under the provisions of ar- 
ticles 1, 2 or 3 of this chapter shall be deposited monthly with the State 
Treasurer to the account of the Commission to be paid out on vouchers ap- 
proved by the marketing director for the purposes herein provided. 

1948 (45) 1892. 

§3-214. Penalties. 

Any person who shall, within the bounds of any market established under 
the provisions of articles 1, 2 or 3 of this chapter, violate any of the provisions 
hereof or any rule or regulation promulgated hereunder shall be guilty of a 
misdemeanor, punishable by a fine of not exceeding one hundred dollars or 
imprisonment for not exceeding thirty days. 

1948 (45) 1892. 

§ 3-215. No effect on existing agricultural agencies. 

Nothing in articles 1, 2 or 3 of this chapter shall be construed in any way 
to alter, limit or curtail any of the duties and functions of agricultural agencies 
existing within the State on April 9 1948. 

1948 (45) 1892. 

169 



§ 3-221 Code of Laws of South Carolina § 3-223 

Article 2. 
Revenue Bonds of Commission. 

§ 3-221. Revenue bonds for market improvements. 

To obtain funds to be used in whole or in part for the construction and 
equipment or for the remodeling, reconstruction and re-equipment of a farm 
market project, the Commission may issue revenue bonds. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-222. Authorization and terms of bonds. 

In order to avail itself of the authorizations of this article, the Commission 
shall adopt a resolution providing for the issuance of such bonds and pre- 
scribing their tenor, terms and conditions. Such bonds shall be serial bonds, 
maturing in equal or unequal amounts, at such times and on such occasions 
as the Commission shall determine ; provided, always, that the last maturing 
bonds of any issue shall become due not later than thirty years from their 
date and the first maturing of any bonds issued pursuant to this article shall 
fall due within five years from the date such bonds bear. They shall bear 
such rate or rates of interest, not exceeding six per cent per annum, payable 
semiannually, shall be in such denominations, shall carry such registration 
privileges, shall be payable in such medium of payment and at such place or 
places and shall be subject to such terms of redemption, with or without 
premium, as such resolutions may prescribe. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-223. Covenants in regard to bonds. 

To the end that projects authorized by articles 1, 2 and 3 of this chapter may 
be properly financed and that payment of the interest and principal of all bonds 
issued pursuant to the provisions of this article shall be adequately secured 
the Commission may, in its discretion : 

(1) Issue bonds in such amount as shall not exceed the estimate of the 
cost of the project intended to be constructed from the proceeds of such bonds, 
plus such further sum as may be needed to pay the interest on such bonds 
until adequate revenues are derived from such project, which period shall not 
exceed three years from the date of such bonds ; 

(2) Apply, within the limitations of item (1) above, a portion of the pro- 
ceeds of the bonds to the interest to become due thereon ; 

(3) Pledge the whole or any part of the revenues of the project whose 
construction is made possible, in whole or in part, through the proceeds of 
the bonds for the payment of the principal and interest of such bonds as they 
respectively mature ; 

(4) Covenant that no services or facilities afforded by the particular project 
will be used free of charge ; 

(5) Covenant that fees or rents will be charged for the use of all facilities 
afforded by the project and that the schedule of fees and charges to be put 
into effect will be designed to produce sufficient revenues to: 

170 



§ 3-223 Agriculture § 3-223 

(a) Pay the cost of operating and maintaining the particular project; 

(b) Pay the interest and principal of bonds issued to finance the project, 
as they respectively become due ; 

(c) Create adequate reserves to meet the payment of such principal and 
interest ; 

(d) Provide for contingencies ; and, 

(e) Provide an adequate reserve for depreciation and obsolescence; 

(6) Covenant against the mortgaging or disposal of all or any part of any 
project and against permitting or suffering any lien to be created thereon ; 

(7) Covenant against the use of any revenues derived from such project 
for any purpose save those enumerated in item (5) above ; 

(8) Covenant that the proceeds derived from the sale of such bonds shall 
be applied solely to the project whose construction is thereby financed and, 
within the limitations of item (1) above, to pay interest on such bonds and 
that any surplus shall be used solely for the retirement of such bonds ; 

(9) Covenant as to what, if any, additional bonds may be issued payable 
from the revenues of such project; 

(10) Covenant that all additional bonds payable from the revenues of any 
project be junior and subordinate to the lien of the first issue of bonds payable 
from the revenues of any particular project; 

(11) Provide for the terms, form, registration, exchange, execution and 
authentication of the bonds and for the replacement of lost, destroyed or 
mutilated bonds; 

(12) Make covenants with respect to the use of the project and its facilities 
and any services rendered by such project; 

(13) Covenant with respect to the deposit and segregation of all funds de- 
rived from such project into proper accounts; 

(14) Covenant that all revenues from any project and the proceeds of all 
revenue bonds be deposited with the State Treasurer who may disburse and 
segregate them in accordance with the terms of the resolution providing for 
the issuance of such bonds; 

(15) Lease any of the facilities of any project on such terms and for such 
periods of time as, in the opinion of the Commission, are best designed to 
produce the revenues required to operate the project and to meet the payment 
of the principal and interest of bonds issued for such project ; 

(16) Provide for the optional or mandatory call of any bonds issued pur- 
suant to this article on such terms and conditions as the resolution author- 
izing such bonds shall prescribe; 

(17) Prescribe the procedure, if any, by which the terms of any contract 
with the bondholders may be amended or abrogated, the amount of bonds the 
holders of which must consent thereto and the manner in which such consent 
may be given ; 

(18) Covenant as to the maintenance of its property, the replacement there- 
of, the insurance to be carried thereon and the use and disposition of insurance 
moneys ; 

171 



§ 3-224 Code of Laws of South Carolina § 3-227 

(19) Covenant and prescribe as to the events of default and terms and con- 
ditions upon which any or all of the bonds shall become or may be declared 
due before maturity and as to the terms and conditions upon which such 
declaration and its consequences may be waived; 

(20) Covenant as to the rights, liabilities, powers and duties arising upon 
the breach by it of any covenant, condition or obligation ; 

(21) Make such further covenants as may, in the opinion of the Commis- 
sion, be deemed necessary in order to insure the proper sale of any bonds 
issued pursuant to this article ; and 

(22) Impose a statutory lien upon any project whose construction is financed 
in whole or in part by the proceeds of bonds issued pursuant to this article, 
such a statutory lien to extend to such project, its appurtenances and exten- 
sions, additions, improvements and enlargements, and to inure to the benefit 
of the holders of any bonds or coupons secured thereby. 

1943 (45) 1892; 1950 (46) 21S6. 

§ 3-224. Execution of bonds. 

All bonds issued pursuant to this article shall be executed in the name of 
the Commission by its chairman and its marketing director and shall be 
countersigned by the State Treasurer. The seal of the Commission shall be 
affixed or impressed thereon. The coupons attached to such bonds shall be 
authenticated by the facsimile signatures of the chairman and the State 
Treasurer who is in office on the date of such bonds. The delivery of the bonds 
so executed shall be valid notwithstanding changes in officers or seal occurring 
after such execution. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-225. Exemption from taxation. 

Such bonds shall be exempt from all State, county, municipal, school district 
and other taxes or assessments, direct or indirect, general or special, whether 
imposed for the purpose of general revenue or otherwise. 

1948 (45) 1892; 1950 (46) 21S6. 

§ 3-226. Commission, State and members credit not pledged. 

Such bonds shall be payable solely from the revenues derived from the 
project for which the proceeds thereof shall be expended. Neither the faith 
and credit of the State nor of the Commission shall be pledged for the payment 
of the principal and interest of such bonds and there shall be on the face 
of each bond a statement, plainly worded, to that effect. Nor shall the 
members of the Commission or any other person signing the bonds be per- 
sonally liable thereon. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-227. Effect of imposition of statutory liens. 

Should, pursuant to the provisions of this article, a statutory lien be im- 
posed upon any project, such project shall remain subject to such statutory 
lien until the payment in full of the principal and interest of the bonds secured 

172 



§ 3-223 Agriculture § 3-231 

thereby. But such statutory lien shall not be construed to give any such 
bond or coupon holder authority to compel the sale of such project or any part 
thereof. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-228. Sale of bonds. 

Such bonds shall be sold at public sale after notice published at least 
fifteen days prior to such sale in a newspaper having a general circulation in 
this State and in a financial publication published in the City of New York, 
N. Y. If no bid is received upon such notice which is acceptable to the Com- 
mission such bonds may be then sold at private sale at any time within 
thirty days after date for receiving bids as given in such notice. But such 
bonds may, in the discretion of the Commission, be sold to the Federal Gov- 
ernment or any agency thereof or to the State Government or any agency 
thereof at private sale, without any public advertisement. 

In all instances, the bonds shall be sold in such way as the Commission 
shall determine to be most advantageous. The purchase by the State Budget 
and Control Board of any revenue bonds issued pursuant to this article by the 
State Budget and Control Board is specifically authorized under such terms 
and conditions as said State Budget and Control Board shall prescribe. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-229. Bonds legal for investments of fiduciaries, etc. 

It shall be lawful for all executors, administrators, guardians and other 
fiduciaries and all sinking fund commissions to invest any moneys in their 
hands in such bonds. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-230. Operation of project through court in case of default. 

If there be any default in the payment of the principal of or interest upon 
any of such bonds, any court having jurisdiction in any proper action may 
appoint a receiver to administer and operate the project on behalf of the 
Commission with power to fix and charge rates and collect revenues sufficient 
to provide for the payment of the bonds or other obligations outstanding 
against such project and for the payment of the expenses of operating and 
maintaining it and to apply the income and revenues of such project in con- 
formity with this article and the resolution providing for the issuance of such 
bonds. 

1948 (45) 1892; 1950 (46) 2186. 

§ 3-231. Enforcement by suit, etc. 

Any holder of any of the bonds or any of the coupons representing interest 
thereon may, either at law or in equity, by suit, action, mandamus or other 
proceedings, protect and enforce such statutory lien and may, by suit, action, 
mandamus or other proceedings, enforce and compel performance of all duties 
of the officials of the Commission, including the fixing of sufficient rates, the 

173 



§ 3-232 Code of Laws of South Carolina § 3-242 

collection of revenues, the proper segregation of the revenues of the project 
and the proper application thereof. 
1948 (45) 1892; 19S0 (46) 2186. 

§ 3-232. Refinancing bonds. 

Should, at any time, the Commission consider it necessary or desirable to 
refinance any bonds issued pursuant to the provisions of this article it may 
avail itself of the authorizations of chapter 5 of Title 59 to enable it to refinance 
or to refinance and improve, as contemplated by said chapter. 

1948 (45) 1892; 1950 (46) 2186. 

Article 3. 

Local Marketing Authorities. 

§3-241. Local marketing authorities; petition. 

With the approval and subject to the rules and regulations of the Commis- 
sion, local marketing authorities, hereby declared to be cooperative and non- 
profit making, may be formed in the various communities of the State to en- 
gage in the marketing of agricultural products and all activities in connection 
therewith. When twenty or more persons in any community wish to form 
a local marketing authority they shall file a petition with the Commission, 
including, among other things, the following: 

(1) The names, addresses and businesses of the petitioners; 

(2) The name of the proposed local marketing authority, which shall in 
all cases include the words "Marketing Authority"; 

(3) The names and addresses of the officers of the proposed authority; 

(4) A statement of the activities, which shall all be related to the growing 
and marketing of farm products and livestock, in which the local marketing 
authority proposes to engage ; 

(5) The area to be served by the proposed local marketing authority; 

(6) A statement of existing and prospective marketing and other facilities 
to be operated by the proposed local marketing authority; 

(7) The total amount of stock or certificates of ownership proposed to be 
issued and the face value of each share or the amount of the membership fee; 
and 

(8) Such other information as the Commission may require. 
1948 (45) 1892. 

§ 3-242. Investigation and incorporation. 

The Commission shall investigate and consider all petitions for local market- 
ing authorities filed with it and, if a need for such local authority and reason- 
able chances for success shall appear, the Commission shall certify the same 
to the Secretary of State who, without charge, shall issue a certificate of 
incorporation to the local marketing authority. 

1948 (45) 1892. 

174 



§ 3-243 Agriculture § 3-248 

§ 3-243. Organization ; bylaws ; officers. 

After receiving a certificate of incorporation, a local marketing authority 
shall proceed to perfect a permanent organization by the adoption of bylaws, 
the election of permanent officers and the transaction of all business necessary 
for such permanent organization. The officers of a local marketing authority, 
with their duties, shall be as may be determined in the bylaws of the authority. 

1948 (45) 1892. 

§ 3-244. Supervision and assistance of Commission. 

The work of local marketing authorities shall be supervised by the Commis- 
sion and all local marketing authorities shall be entitled to the inspection, 
grading, buying and selling services of the Commission, as well as to all pos- 
sible assistance in crop, land and soil selection, crop planting, fertilization, 
cultivation, harvesting and packing services and methods of financing. 

1948 (45) 1892. 

Article 4. 
Promotion of Export Trade in Flue-Cured Tobacco. 

§ 3-246. Public interest in such promotion. 

It is hereby declared to be in the public interest that the farmers of this 
State who produce flue-cured tobacco be permitted and encouraged to act 
jointly in promoting and stimulating, by organized methods and through the 
medium established for such purpose, export trade for flue-cured tobacco. 

1947 (45) 732. 

§ 3-247. Desirability of referendum on assessment. 

For the purpose of raising reasonable and necessary funds for producer 
participation in the operations of the agency set up under farmer sponsorship 
for the promotion of export trade in flue-cured tobacco, it is proper, desirable, 
necessary and in the public interest that the farmers in this State engaged in 
the production of flue-cured tobacco shall have the opportunity and privilege 
of participating in a referendum to be held as in this article provided, in which 
there shall be determined the question of whether or not the farmers of the 
State engaged in the production of flue-cured tobacco shall levy upon them- 
selves an annual assessment for the purposes herein stated. 

1947 (45) 732. 

§ 3-248. Provision for such referendum. 

In the manner in this article set forth and under rules and regulations as 
established under the provisions of this article there shall be held in every 
county in the State in which flue-cured tobacco is produced a referendum to be 
participated in by all farmers engaged in the production of flue-cured tobacco 
who have tobacco marketing cards issued in their names by the Farm Pro- 
duction and Marketing Administration or its successors. In such referendum 
such individuals so eligible for participation shall vote upon the question of 

175 



§ 3-249 Code of Laws of South Carolina § 3-249.4 

whether or not there shall be levied an annual assessment for a period of three 
years in the amount of ten cents per acre on all tobacco acreage. 
1947 (45) 732; 1951 (47) 197. 

§ 3-249. Dates, voting places, rules, notices, etc., of referenda. 

The exact dates on which such referenda shall be held and the hours, voting 
places and rules and regulations under which such referenda shall be con- 
ducted shall be established and determined by the board of directors of the 
North Carolina corporation known and designated as Tobacco Associates, In- 
corporated, established under the leadership of farm organizations in the 
State of North Carolina for the purpose of stimulating, developing and ex- 
panding export trade for flue-cured tobacco. Such referenda dates, hours and 
voting places and rules and regulations with respect to the holding of such 
referenda shall be published through the medium of the public press in this 
State by said board of directors at least sixty days before the holding of any 
such referendum and direct written notice thereof shall likewise be given to 
all farm organizations within this State and to each county agent in any 
county in which flue-cured tobacco is grown. 

1947 (45) 732; 1951 (47) 197. 

§ 3-249.1. Ballots ; poll holders ; canvass and declaration of result. 

The board of directors of Tobacco Associates, Incorporated shall prepare 
and distribute in advance of any such referendum all necessary ballots for the 
purpose thereof and shall under the rules and regulations promulgated by said 
board arrange for the necessary poll holders for conducting such referendum. 
Following any such referendum and within ten days thereafter said board of 
directors shall canvass and publicly declare the results of such referendum. 

1947 (45) 732. 

§ 3-249.2. Question in referendum. 

Any such referendum shall be upon the question of whether or not the 
farmers eligible for participation therein and voting therein shall vote upon 
themselves, for the period of three years, an assessment of ten cents per acre 
on all tobacco acreage in the State for the purpose of providing farmer par- 
ticipation in the fund and through the agency established for the stimulation, 
expansion and development of export markets for flue-cured tobacco. 

1947 (45) 732; 1951 (47) 197. 

§ 3-249.3. Effect of one-third negative vote in referendum. 

If in any such referendum more than one third of the tobacco farmers vot- 
ing thereon shall vote in the negative and against the levying or collection of 
such assessment, no assessment shall be levied or collected. 

1947 (45) 732. 

§ 3-249.4. Effect of two thirds in favor of assessment. 

If in any such referendum two thirds or more of the tobacco farmers voting 
thereon shall vote in the affirmative and in favor of the levying or collection 

176 



§ 3-249.5 Agriculture § 3-249.9 

of such assessment of ten cents per acre on all tobacco acreage in the State, 
such assessment shall be collected in the manner provided in this article. 
1947 (45) 732. 

§ 3-249.5. Collection and disposition of assessment. 

Any such assessment, if authorized, shall be collected annually for three 
years under such method, rules and regulations as may be determined by the 
board of directors of Tobacco Associates, Incorporated, and the assessment so 
collected shall be paid into the treasury' of Tobacco Associates, Incorporated, 
to be used along with funds from other sources for the purpose of stimulating, 
developing and expanding export trade for flue-cured tobacco. 

1947 (45) 732. 

§ 3-249.6. Dissatisfied farmers to receive refunds. 

In the event such a referendum is carried in the affirmative and the assess- 
ment is levied and collected as provided in this article, under the regulations 
promulgated by the board of directors of Tobacco Associates, Incorporated 
any farmer or tobacco producer upon whom and against whom any such an- 
nual assessment shall have been levied and collected under the provisions of 
this article, if dissatisfied with the assessment and the results thereof, shall 
have the right to demand of and receive from the treasurer of Tobacco Asso- 
ciates, Incorporated, a refund of such annual assessment so collected from 
such farmer or producer of tobacco, if such demand for refund is made in writ- 
ing within thirty clays from the date on which such assessment is collected 
from such farmer or producer or deducted from the proceeds of the sale of 
tobacco of such farmer or producer. 

1947 (45) 732. 

§ 3-249.7. Annual statement of amounts received and disbursed. 

In the event of the levying and collection of assessments as herein provided, 
the treasurer of Tobacco Associates, Incorporated shall, within thirty days 
after the end of any calendar year in which assessments are collected, publish 
a statement of the amounts received, collected and disbursed by him during 
such year under the provisions of this article. 

1947 (45) 732. 

§ 3-249.8. Subsequent referendum when preceding one unsuccessful. 

In the event any such referendum so conducted shall not be supported by 
two-thirds or more of those eligible for participation therein and voting there- 
in, the board of directors of Tobacco Associates, Incorporated, in its discretion, 
may call another referendum for the purposes in this article set forth in the 
next succeeding year. 

1947 (45) 732; 1951 (47) 197. 

§ 3-249.9. Subsequent referendum when preceding one successful. 

In the event any such referendum is carried by the votes of two-thirds or 
more of the eligible farmers participating therein and the assessments in pur- 

[ ISC Code] — 12 17/ 



§ 3-251 Code of Laws of South Carolina § 3-261 

suance thereof are levied said board of directors, in their discretion may call 
and conduct future referenda in which the farmers shall vote upon the question 
of whether or not such assessments shall be continued for the next ensuing 
three years. 

1947 (45) 732; 1951 (47) 197. 

Article 5. 
County and City Farm Marketing Centers. 

§3-251. Authorization. 

Any county or any municipality in this State having a population of more 
than ten thousand inhabitants according to the United States Census for the 
year 1930 may, at the discretion of its governing body, establish in and for 
such county or in or near and for such city a farm marketing center and 
acquire, own and operate or lease for operation such farm marketing center or 
any part thereof as may appear desirable and proper. 

1942 Code § 5806-12; 1935 (39) 252. 

§ 3-252. Projects ; processing equipment includible. 

Any such farm marketing center may include a cannery, a creamery, a 
meat packing house, an assembly plant for poultry and eggs, a feed grinding 
and mixing plant and any other equipment necessary and proper for the 
processing and preparing for market of any of the products of the farms of 
this State, so as to enable the farmers to diversify their products and to find 
markets for the same at fair and reasonable prices. Any such farm marketing 
center may include any one or more of the projects and processing equipment 
mentioned above, at the discretion of the proper officers. 

1942 Code § 5806-12; 1935 (39) 252. 

§ 3-253. Power to condemn ; purchase ; borrowing. 

In order to enable any such county or municipal corporation as the case 
may be- to acquire a site or sites for the purposes herein specified, they shall 
have the power of eminent domain and condemnation under such terms and 
conditions as exist to enable counties to acquire rights of way for public roads 
in South Carolina. Such counties or municipal corporations by their appro- 
priate officers may secure the purchase price of any such property and equip- 
ment that may be purchased for such purposes by a first mortgage on the same 
and may borrow money from the government of the United States under 
any administration or agency of the United States Government and may com- 
ply with all the terms and conditions necessary to borrow such money. 

1942 Code § 5806-12; 1935 (39) 252. 

Article 6. 

Columbia Marketing Commission. 

§ 3-261. Establishment. 

For the purpose of aiding, establishing and providing proper facilities for 

178 [ISC Code] 



§ 3-262 Agriculture § 3-266 

the efficient handling of farm and other food products in the interest of the 
farmer, consumer and general public and to assist in the disposal and sale of 
such products, there is hereby created for the city of Columbia, the Columbia 
Marketing Commission, herein referred to as the Commission. 
1948 (45) 2043. 

§ 3-262. Appointment, terms and vacancies. 

The Commission shall be composed of five members to be appointed by the 
mayor with consent of the city council of the city of Columbia. The first 
members having been appointed one for one year, one for two years, one for 
three years, one for four years and one for five years, their successors shall 
be appointed for a full term of five years and vacancies on the Commission 
shall be filled in like manner for the unexpired term. 

1948 (45) 2043. 

§ 3-263. Duties and powers. 

The duties and powers of the Commission shall be, (a) to make such 
studies as may be necessary to determine the kind and size of markets needed 
by the city of Columbia, the feasibility of enlarging present market facilities, 
the cost of construction of such markets or the enlargement thereof and such 
other information as may be essential to the establishment of such markets, 
(b) to acquire by purchase, lease, gift or otherwise suitable sites to be used 
as markets for the city of Columbia, (c) to erect thereon necessary buildings 
and marketing facilities and (d) to operate and maintain them for the handling 
and sale of fruits, vegetables, truck crops, poultry, dairy products and other 
farm products. 

194S (45) 2043. 

§ 3-264. Commission may receive and expend funds. 

The Commission may accept and receive funds and expend funds for the 
purpose of carrying out the provisions of this article. 

1948 (45) 2043. 

§ 3-265. Issue of revenue bonds for market improvements. 

The Commission may from time to time, in its discretion, issue for the 
purpose of constructing, furnishing, equipping, remodeling, re-furnishing or 
re-equipping buildings and for additions or enlargements constituting or 
forming a part of the markets of the city of Columbia bonds on which the 
principal and interest are payable exclusively from the income and revenue 
of all or any designated part of such market facilities. 

1948 (45) 2043. 

§ 3-266. City, Commission and members not obligated thereby. 

The credit of the Commission shall not be pledged to the payment of such 
bonds but they shall be payable only (and each of such bonds shall plainly 
so state on its face) from the revenue of the designated market facility or 
facilities and, if the Commission so determines, shall be additionally secured 

179 



§ 3-267 Code of Laws of South Carolina § 3-270 

by a trust indenture pledging the revenue from such facility or facilities. The 
bonds so issued (and they shall so state on their face) shall not be an obliga- 
tion of the city of Columbia and they shall not constitute an indebtedness 
within the meaning of any constitutional or statutory debt limitation. Neither 
the members of the Commission nor any person issuing such bonds shall be 
personally liable on account thereof. 
1948 (45) 2043. 

Article 7. 

Florence City-County Agricultural Commission. 

§ 3-267. Establishment. 

There is hereby established a Commission to be known as the "Florence 
City-County Agricultural Commission." It shall be composed of five members, 
who shall be selected as follows: one by the county legislative delegation of 
Florence County, one by the city council of the city of Florence, one by the 
Florence Chamber of Commerce, one by the District Agent of the Clemson 
College Extension Service and the other, the fifth member, by the four mem- 
bers selected as provided above. With the exception of the initial terms the 
terms of office shall be for a period of three years from July 1 1950; but the 
terms of the initial members, shall be from the dates of their respective ap- 
pointments and for a regular term from July 1 1950. Their successors shall 
be selected as provided for the original appointments and any vacancy occur- 
ring for any cause shall be filled in the manner provided above for filling the 
office in which the vacancy has occurred. All members shall serve until their 
successors shall have been appointed and qualify. They shall serve without 
compensation. 

1950 (46) 1874. 

§3-268. Officers. 

The members of the Commission shall elect from their number a chairman, 
a vice-chairman and a secretary and may elect a treasurer, who need not be 
a member of the Commission but who, if elected, shall give surety in such 
amount as shall from time to time be fixed by the Commission for the faithful 
performance of his duties. 

1950 (46) 1874. 

§ 3-269. Body politic ; corporate powers. 

The Commission shall be a body politic and corporate, shall have power to 
acquire and own property and to make all such contracts and engagements 
reasonably necessary in discharging its duties under this article. 

1950 (46) 1874. 

§ 3-270. Duties and powers. 

The Commission shall, if in its judgment it is necessary so to do in order to 
accomplish the objects of this article, (a) acquire such site or sites, by pur- 
chase or lease, and erect such sheds and buildings and such other facilities 

180 



§3-271 Agriculture §3-272 

as in its judgment are suitable for the display and sale of agricultural products, 
including dairy and poultry products, prepared foods, meats and livestock, 
(b) make and give public notice of rules and regulations under which all such 
properties and service shall be operated and manage and conduct them, (c) 
require the payment of such charges or fees for the use of the facilities and the 
services provided as in its judgment is reasonable and proper, (d) employ such 
personal service as is necessary on such terms and conditions as it may deter- 
mine upon, (e) pay for such service, (f) dismiss any such employee at its 
pleasure, with or without cause, (g) borrow money in anticipation of income 
and pledge such income to secure the payment thereof on condition that any 
such loan or pledge be authorized by resolution duly adopted by the Commis- 
sion and signed by all five of the members thereof, (h) sell, exchange or pledge 
to secure the payment of any loan any real estate it owns if the same be ap- 
proved by the full Commission, the county legislative delegation or a majority 
thereof, including the Senator at the time, and the city council of the city 
of Florence, provided, that neither the county of Florence nor the city of Florence 
shall be obligated legally or morally to pay any debt contracted by the Com- 
mission pursuant to authority herein conferred or otherwise and (i) do any- 
thing, not inconsistent with the provisions hereof, ordinarily incident to the 
operation of an agricultural market place for the sale and display of agri- 
cultural products, prepared foods, meats and livestock. 

The Commission may sponsor any program which has for its object the 
promotion of agriculture and the production of more and better livestock. 
The power herein conferred to borrow shall not be exercised except in the 
particular manner herein expressed. 

1950 (46) 1874. 

§ 3-271. Improvements made by funds appropriated by city and county. 

Any further buildings, improvements or additions made or constructed by 
the Commission with funds appropriated by the county of Florence and the 
city of Florence shall be deemed and are hereby declared to be owned sixty 
per cent by the county of Florence and forty per cent by the city of Florence. 

1950 (46) 1874. 

§3-272. Reports. 

On June 30th of each year and oftener as requested in writing by the county 
legislative delegation, the city council of the city of Florence or the Florence 
Chamber of Commerce, the Commission shall file with each of the last named 
bodies a financial report showing the expenditures of all moneys received by 
it, the sources of income, all amounts due to and by the association and any 
other matters respecting the conduct and operation of the Commission that 
may be requested by either of the bodies last above named. 

1950 (46) 1874. 



181 



§ 3-281 Code of Laws of South Carolina § 3-286 

Article 8. 
Greenville County Marketing Commission. 

§ 3-281. Purpose of Commission. 

The Greenville County Marketing Commission has been created to provide 
instruction to the farmers of Greenville County and the public in grading, 
standardizing, packing and marketing farm products and for the purpose of 
aiding, establishing and providing proper facilities for the efficient marketing 
of farm produce, at wholesale, in the interest of the farmer, consumer and 
general public. 

1948 (45) 2051. 

§ 3-282. Purpose of market. 

It is hereby found and declared that the primary purpose for establishing 
the market hereinafter provided for and providing for its operation is to 
provide instruction to the farmers of Greenville County and the public in 
grading, standardizing, packing and marketing farm produce and otherwise 
to provide educational advantages to such farmers and the public. 

1948 (45) 2051. 

§ 3-283. Personnel ; terms ; appointment ; vacancy. 

The Commission shall consist of five members, citizens of Greenville County. 
The original members having been appointed for terms of one, two, three, four 
and five years, respectively, each of their successors shall be appointed by a 
majority vote of the Greenville County legislative delegation for a period of 
five years. Any vacancy on the Commission shall be filled likewise by a 
majority vote of the Greenville County legislative delegation for the unexpired 
term. 

1948 (45) 2051. 

§ 3-284. Organization ; records. 

The Commission shall elect a chairman, vice-chairman and a secretary. 
It shall adopt its own rules of procedure and keep adequate records of its 
proceedings. 

1948 (45) 2051. 

§3-285. Meetings; quorum. 

The Commission shall meet at least once each quarter and at such other 
times as may be necessary. It may be called into special session upon three 
days' written notice prior to the date of the meeting; provided, that this re- 
quirement of written notice may be waived by all members of the Commission 
in writing. Three members of the Commission shall constitute a quorum 
for the transaction of business at any meeting. 

1948 (45) 2051. 

§ 3-286. Duties and powers. 

The duties and powers of the Greenville County Marketing Commission 
shall be: 

182 



§ 3-287 Agriculture § 3-288 

(1) To have erected on the wholesale farmers market site, heretofore pur- 
chased, necessary buildings and marketing facilities, including a railroad 
siding or spur track, and to operate and maintain the same for the handling, 
classifying, grading and sale of fruits, vegetables, truck crops, poultry and 
other farm products at wholesale ; 

(2) To employ a marketing specialist, market managers and such other 
technical or clerical labor and help as they deem necessary to carry out the 
intent and purpose of this article; 

(3) To fix their compensation and necessary expenses; 

(4) To rent sites in and upon the market property on such terms and for 
such periods of time as they deem wise ; 

(5) To make such charges for the use of the market and its facilities as they 
deem reasonable, taking into consideration the expense of its operations and 
costs and expansion of the market; 

(6) To give instruction to the farmers of Greenville County and to the public 
in grading, standardizing, packing and marketing farm produce; 

(7) To cooperate with all other agricultural agencies in promotion of pro- 
duction and marketing of farm produce ; 

(8) To enter into contracts with any Federal or State agency for the 
procurement of funds to be used in the construction or maintenance of market 
facilities or for the purpose of obtaining any services from such agencies in 
connection with the operation of such market ; 

(9) To receive and use Federal or State grants or contributions from any 
other source for any or all of such purposes; 

(10) To make contributions to the State Agricultural Marketing Commis- 
sion to be used in matching Federal funds which, when matched, shall be 
used in connection with the market for any or all of the aforesaid purposes ; and 

(11) To make and promulgate such rules and regulations as, in the discre- 
tion of the Commission, shall be necessary for the maintenance of and opera- 
tion of the market and to carry out the intent and purposes of this article. 

1948 (45) 2051. 

§ 3-287. Promulgation and effect of rules and regulations. 

Upon the adoption of rules and regulations a copy thereof, with any subse- 
quent amendments thereto, shall be filed with the governing body of Green- 
ville County and copies shall be posted at one or more conspicuous places 
on the market. When so filed and posted the same shall have the force and 
effect of law. 

1948 (45) 2051. 

§ 3-288. How funds paid out. 

The fund initially appropriated for the Commission, together with any and 
all other funds realized from or in connection with the operation of the 
market heretofore provided for, whether as fees or rentals, from loans as 
hereinafter provided for or otherwise, shall be paid out on vouchers signed by 
the chairman of the Commission and countersigned by the secretary thereof. 

1948 (45) 2051. 

183 , 



§ 3-2S9 Code of Laws of South Carolina § 3-292 

§ 3-239. Bonds of employees. 

The market manager and each employee of the Commission who shall be 
charged with the duty of collecting and handling funds shall be required to 
enter into such surety bond as the Commission in its discretion may direct. 

1948 (45) 2051. 

§ 3-290. Repayment of loans. 

If the Commission shall have borrowed a sum of money pursuant to the 
authorization granted it by section 7 of the act approved April 24 1948 (Acts 
1948, p. 2051), as amended by the Act approved June 16 1950 (Acts 1950, p. 
2444), it shall deposit monthly with the bank or banks which are approved 
depositories for Greenville County funds all revenues derived from any facility 
or facilities constructed with funds borrowed as aforesaid. The Commission 
shall maintain two separate accounts, one to be known as the "general fund 
account" and another as an "operating account". The principal and interest 
of all loans shall be paid out of the general fund account and all items incident 
to the operation and management of the facilities shall be paid out of the 
operating account. The Commission may transfer any surplus from the 
operating account to the general fund account from time to time in its discre- 
tion. On the first day of August of each year during the existence of any such 
loan the Commission shall determine whether the funds on deposit in the 
general fund account are sufficient to meet all the payments becoming due and 
payable within the next twelve-month period on any such loan or loans. If 
it shall be found that the amount on deposit in the general fund account is not 
sufficient for such purpose they shall immediately certify the amount needed 
to meet such payment or payments to the auditor of Greenville County who 
shall thereupon levy a tax on all of the taxable property within the county 
sufficient to raise the amount certified to him and the county treasurer shall 
collect the tax and use it to pay any such loan or loans, with interest, as they 
shall mature. The full faith, credit and taxing power of Greenville County 
shall be pledged to secure the payment of any such loan or loans. 

1948 (45) 2051; 1950 (46) 2444. 

§ 3-291. Issue of revenue bonds. 

If the funds initially appropriated and the loans initially authorized shall 
be insufficient to carry out the purposes of this article the Commission may 
from time to time, in its discretion, issue revenue bonds on which the principal 
and interest are payable exclusively from the net income and revenue of all 
or any part of the market facilities, except the revenue from the facility or 
facilities constructed with the funds secured from the loans initially author- 
ized. But the credit of the Commission shall not be pledged to the payment 
of such bonds and they shall be payable only (and each bond shall plainly so 
state on its face) from the net revenue of the market or designated facility 
or facilities. 

1948 (45) 2051. 

§3-292. Description of bonds. 

The bonds so issued shall not be an obligation of Greenville County and shall 

184 



§ 3-293 Agriculture § 3-301 

not constitute indebtedness within the meaning of the Constitutional limitation 
applicable to counties. The bonds shall be authorized by resolution of the 
Commission and shall bear such date and maturities as such resolution may 
prescribe ; provided, that such bonds shall all mature within twenty years from 
date of their issue and shall bear interest not in excess of five per cent per 
annum, payable semi-annually, and be in such denominations and contain such 
redemption privileges as the resolution may provide. 
1948 (45) 2051. 

§3-293. Sale of bonds. 

Such bonds shall be sold at public sale after fifteen days' public advertise- 
ment in a newspaper having general circulation in Greenville County. But 
such bonds may be sold to any Federal or State agency at private sale with or 
without advertisement. The bonds may be sold at such price as the Commis- 
sion may determine. 

1948 (45) 2051. 

§ 3-294. Pledge of income. 

In connection with such sale of revenue bonds the Commission may pledge 
by resolution or trust indenture all or any part of its net income, except rev- 
enue from the facility or facilities constructed with the funds secured from the 
loans initially authorized. 

1948 (45) 2051. 

§ 3-295. Annual audit. 

The Commission shall have an audit made of its affairs annually, and copies 
thereof shall be filed with the governing body of the county and with the 
secretary of the county legislative delegation. 

1950 (46) 2444. 

§ 3-296. Penalties. 

Any person who shall, within the bounds of the market, violate any of the 
provisions hereof or any rule or regulation promulgated by the Commission 
hereunder shall be guilty of a misdemeanor punishable by a fine of not exceed- 
ing one hundred dollars or imprisonment not exceeding thirty days for each 
offense. 

1948 (45) 2051. 

Article 9. 

Jasper County Marketing Board. 

§ 3-301. Appointment ; terms ; pay ; vacancy. 

The Jasper County Marketing Board shall be composed of twelve persons 
from the county and shall be named by the legislative delegation. Their reg- 
ular terms of office shall be for six years and until their successors shall have 
been named and qualified. The members of the board shall serve without 
compensation except that for not more than six meetings during any one fiscal 
year they may be paid one dollar for each meeting on account of expenses and 

185 



§ 3-302 Code of Laws of South Carolina § 3-306 

in addition thereto mileage from their homes in going to the place of meeting 
and returning at the rate of five cents per mile by the most direct route. The 
mileage may be paid for as many meetings as are found to be reasonably nec- 
essary in the performance of their duties. Any vacancy occurring in the board 
shall be filled for the unexpired term in the manner provided for the original 
appointment. 

1942 Code § 5806-129; 1939 (41) 58; 1940 (41) 1671. 

§ 3-302. Organization. 

Upon the selection of the board as above provided the members thereof 
shall meet and organize by the selection of one of their number as chairman 
and one as secretary. 

1942 Code § 5806-129; 1939 (41) 58; 1940 (41) 1671. 

§ 3-303. Purpose ; property and equipment. 

The purpose of this article is to initiate, promote, foster and encourage the 
production of vegetable crops and food stuffs for human consumption in Jasper 
County and to aid and facilitate the producers thereof in conditioning, grad- 
ing, preparation for market and the sale of such vegetables and products. To 
that end, the board may acquire or accept, on such conditions as may be pre- 
scribed by the owner and as may be approved by the board, any building or 
other facilities reasonably needed and suitable in carrying out the purpose of 
this article and may erect such sheds and provide such machinery or other 
equipment reasonably adapted to the execution of the provisions or purposes 
of this article. 

1942 Code § 5806-129; 1939 (41) 58; 1940 (41) 1671. 

§ 3-304. Manager and treasurer to give bond. 

In order to protect the financial interest of the board as well as the producers 
of the commodities herein referred to, the board, in its discretion, may require 
its manager or such person as it may designate as treasurer to give bond for 
the faithful performance of his duties in such sum as in its judgment may be 
deemed to be adequate. 

1942 Code § 5806-129; 1939 (41) 58; 1940 (41) 1671. 

§ 3-305. Facilities to be leased. 

The board shall annually rent to some responsible person all the equipment 
of the board at such rentals as in its judgment are most advantageous. 

1942 (42) 1493. 

§ 3-306. Disposition of proceeds. 

After deducting the necessary expenses the remainder of the rentals re- 
ceived shall be turned over by the board annually to the treasurer of Jasper 
County and shall be put in the county's general fund by the treasurer. 

1942 (42) 1493. 

186 



§ 3-311 Agriculture § 3-314 

Article 10. 
Lancaster County Marketing Building. 

§ 3-311. Building used by cooperatives. 

The market building owned by the County of Lancaster in the city of Lan- 
caster shall be used by the Lancaster County Farmers' and Farm Women's 
Cooperative Marketing Association, which has been organized for the pur- 
pose of selling all types of farm produce. Commodities sold on the market 
must be produced by the farmers or farm women selling same. 

1942 Code § 5806-130; 1941 (42) 127. 

§ 3-312. Management ; operation ; offices. 

The building will remain the property of the county but the management 
and operation of the association will be the responsibility of the members of 
the association. 

Any farmer or farm woman residing in Lancaster County interested in mar- 
keting of farm produce is eligible to membership in the curb marketing asso- 
ciation. 

The officers shall be a president, vice-president, and secretary-treasurer who 
shall be elected by ballot at the annual meeting. The above officers and at 
least four other members elected in a similar manner shall constitute the board 
of directors. 

1942 Code § 5806-130; 1941 (42) 127. 

§ 3-313. Duties of officers and board. 

Each of the officers shall perform the duties customarily pertaining to his 
office. The board of directors shall transact all ordinary business and appoint 
such committees as are necessary to properly carry on the work of the asso- 
ciation. The board shall consider and present general policies for the advance- 
ment of the market to members of the association for their approval. Rules 
and regulations for conducting the market will be submitted by them to the 
association for its approval. 

The board of directors shall elect a manager whose name shall be presented 
to the members of the market association for their approval. 

The board of directors shall audit the books of the manager at quarterly 
meetings and make a report of findings to members of the association. 

1942 Code § 5806-130; 1941 (42) 127. 

§3-314. Exemption from taxes. 

All property owned by the Lancaster County Farmers' and Farm Women's 
Cooperative Marketing Association shall be tax free. 

1942 Code § 5806-130; 1941 (42) 127. 



187 



§ 3-316 Code of Laws of South Carolina § 3-316.3 

Article 11. 
Lee County Agricultural Marketing Commission. 

§ 3-316. Creation. 

There is created in Lee County a commission to be known as the Lee County 
Agricultural Marketing Commission. 
1950 (46) 2349. 

§ 3-316.1. Personnel, appointment, terms and vacancies. 

Said commission shall consist of eleven members, all of whom shall be 
qualified electors of Lee County, one of whom shall be a member of the 
county legislative delegation, ex officio, who shall serve during the term of 
his office, one of whom shall be the county agent ex officio who shall serve 
during his term of office, one of whom shall be the mayor of the town of 
BishopvUlc, ex officio, who shall serve during his term of office, one of whom 
shall be the mayor of the town of Lynchburg, ex officio, who shall serve 
during his term of office and one of whom shall be a regular cotton buyer in 
the county. The remaining five shall be farmers of the county. The cotton 
buyer and the five farmers shall be appointed by the Governor upon the recom- 
mendation of the county legislative delegation and their terms of office shall 
be for four years and until their successors have been appointed and qualified. 
In the event of a vacancy in the membership of the commission a successor for 
the unexpired term shall be appointed in like manner as his predecessor was 
appointed and in designating one of its members to serve on the commission 
ex officio and in recommending tbe appointment by the Governor of the mem- 
bers of the commission, the Senator and at least one member of the House of 
Representatives shall govern. 

1950 (46) 2349. 

§ 3-316.2. Officers ; bond of treasurer. 

The commission shall meet annually at eleven o'clock a. m. on the third 
Wednesday in June of each year for the purpose of electing a chairman, a vice- 
chairman and a secretary and treasurer who shall hold office for one year and 
until their successors have been elected and qualified. The treasurer of the 
commission shall enter into bond in the amount of five thousand dollars for the 
faithful performance of his duties. 

1950 (46) 2349. 

§ 3-316.3. Purposes of article ; rules and regulations. 

It is the declared purpose of this article to initiate, promote, foster and en- 
courage the production and proper marketing of producer-grown agricultural 
commodities and to aid and facilitate the producers thereof in weighing, 
grading and selling such agricultural commodities and to those ends tbe com- 
mission may promulgate such rules and regulations as it may deem necessary 
and wise for the efficient accomplishment of its declared purposes. 

1950 (46) 2349. 

188 



§ 3-316.4 Agriculture § 3-317 

§3-316.4. Facilities; employees. 

The commission may use such buildings, facilities, platform and marketing 
sheds as may be provided by the county and employ, fix the compensation of 
and discharge such personnel as may be deemed necessary to properly perform 
its duties. 

19S0 (46) 2349. 

§ 3-316.5. Market sites and facilities. 

The commission shall assist the county legislative delegation in securing 
proper sites for agricultural marketing platforms and facilities in the county 
and shall advise with the county legislative delegation and the governing body 
of the county in the erection and equipping of such marketing facilities. 

1950 (46) 2349. 

§ 3-316.6. Supervision and maintenance of markets. 

The commission shall have general supervision of all marketing platforms 
and facilities placed under its supervision by the county and shall maintain 
them in proper repair and condition in order to make them of the greatest 
possible assistance to producers of agricultural products in the county. 

1950 (46) 2349. 

§3-316.7. Weighing and handling of agricultural products; duties of cotton 
weighers. 

The said commission shall have general supervision of the weighing and 
handling of all cotton and other agricultural products at Bishopville and at 
Lynchburg. The cotton weighers at Bishopville and Lynchburg shall also weigh 
such agricultural commodities other than cotton as may be designated by the 
commission and shall receive such fees therefore as may be designated by the 
commission. 

1950 (46) 2349. 

§ 3-316.8. Agreements with producers and buyers. 

The commission may make agreements with producers and buyers in the 
county in connection with the storage, marketing or sale of agricultural 
products. 

1950 (46) 2349. 

§ 3-316.9. Gifts. 

The commission may accept gifts, grants or contributions made to it and 
use and keep them according to the terms of such gift, grant or contribution. 

1950 (46) 2349. 

§ 3-317. Control of expenditures ; not to obligate the county. 

The commission shall have control of the expenditure of all moneys col- 
lected by it, placed to its credit by the county or given to it by any person 
or State or Federal agency, but it shall have no authority to contract any debt 
against the county. 

1950 (46) 2349. 

189 



§ 3-317.1 Code of Laws of South Carolina § 3-319.3 

§ 3-317.1. Records; reports; budgets. 

The commission shall keep a complete itemized record of its actions, doings, 
receipts and disbursements and shall annually during- the month of February 
file with the clerk of court of the county, the governing body of the county 
and the chairman of the county legislative delegation a copy of its annual re- 
port for the previous calendar year together with its suggested budget for the 
current calendar year from the county. 

1950 (46) 2349. 

Article 12. 
Lexington County Marketing Commission. 

§3-319. Creation. 

There is hereby created for Lexington County a commission to be known as 
the Lexington County Marketing Commission. 

1950 (46) 2336. 

§ 3-319.1. Composition, term, compensation and vacancies. 

The commission shall be composed of nine persons, one to be appointed 
from each high school district of the county. The members of the commission 
shall be appointed by a majority vote of the county legislative delegation from 
a list of recommendations of at least twice the number to be appointed on 
the commission at the prescribed time of appointment as submitted by the 
major farm organization or organizations of the county. The initial appoint- 
ments having been three for one year, three for two years and three for three 
years, subsequent appointees shall serve for a term of three years or until a 
successor has been appointed. Terms shall commence on January first, the 
first year and end on December thirty-first, the last year of an appointment. 
The members of the commission shall receive such compensation and expense 
allowances as shall be provided in the annual county supply act. Any vacancy 
shall be filled for the unexpired term in the same manner as an initial appoint- 
ment. 

1950 (46) 2336. 

§3-319.2. Officers. 

The members shall meet and organize by the selection of one of their num- 
ber as chairman and one as secretary. 
1950 (46) 2336. 

§ 3-319.3. Marketing agent and other employees. 

The commission may employ a full-time marketing agent to serve the 
farmers of the county and such other employees as may be needed to promote 
any project of the commission. The duties and responsibilities of the market- 
ing agent shall be prescribed by the commission. The compensation shall 
be determined by the commission subject to the approval of the county legis- 
lative delegation. 

1950 (46) 2336. 

190 



§ 3-319.4 Agriculture § 3-321 

§ 3-319.4. Purpose of commission ; acquisition of facilities. 

It shall be the purpose and duty of the commission to promote, foster and 
encourage the production of agricultural commodities in the county and to 
aid and facilitate in the conditioning, grading, preparation and marketing of 
agricultural commodities produced in the county. To effectuate these pur- 
poses, the commission may select and acquire by lease, contract or purchase 
such land or site, buildings, facilities or equipment as may be reasonably 
needed to assist in carrying out the objectives of this article. 

1950 (46) 2336. 

§ 3-319.5. Space in wholesale marketing center in Richland County. 

The commission shall acquire by contract or lease adequate space from the 
wholesale market which is being developed in Richland County to provide 
a wholesale marketing center for the farmers of Lexington County. 

1950 (46) 2336. 

§ 3-319.6. Rules and regulations ; charges. 

The commission shall prescribe such rules and regulations as it may deem 
necessary to the successful operation of any enterprise. The commission shall 
establish a uniform rate of charge for the service rendered to the farmers 
of the county in connection with the marketing of agricultural commodities 
under the provisions of this article. These rates shall not exceed what is 
necessary to meet the actual cost of the service rendered but the rates may be 
fluctuated so as to produce such cost. 

1950 (46) 2336. 

§3-319.7. Cooperation with other marketing agencies; promotion of farm 
cooperative enterprises. 

The commission may also cooperate with the State Agricultural Market- 
ing Commission or any other marketing agency in any program which may 
be developed to aid in the sale and marketing of agricultural commodities 
in this State and the commission may promote and sponsor cooperative enter- 
prises among the farmers of the county in order to facilitate the sale and 
marketing of agricultural commodities. 

1950 (46) 2336. 

Article 13. 

Spartanburg County Farmer's Market. 

§ 3-321. Created ; governing board to manage. 

There is hereby created a centralized farmer's market of Spartanburg County. 
Said market shall be known as the "Spartanburg County Farmer's Market." 
All the property owned by the market shall be held in the name of the Spartan- 
burg County Farmer's Market and all business transacted in its behalf shall be 
done in its name. The market shall be managed by a board of directors known 
as the "Governing Board of Spartanburg County Farmer's Market." Said 
governing board may select and purchase real estate for the market site (and 

191 



§ 3-322 Code of Laws of South Carolina § 3-327 

sell same), make contracts for the alteration or erection of the building or 
buildings, borrow money and exercise all other power and authority necessary 
to operate, control, regulate, manage and govern, either directly or indirectly, 
the affairs of said market. The board shall have power to set up or make pos- 
sible any project possible through the federal agencies of the United States 
government. 

1942 Code § 5806-135; 1940 (41) 1780. 

§ 3-322. Governing board ; personnel; terms. 

The governing board of the Spartanburg County Farmer's Market shall 
consist of ten members each of whom shall be a qualified elector of Spartan- 
burg County. One member of the governing board shall be a member of the 
Spartanburg County legislative delegation, who shall be elected by said legis- 
lative delegation, one member shall be the Spartanburg County agent, one 
member shall be from the city council, who shall be elected by said council, 
if and when they vote their desire to participate and cooperate in the marketing 
project, and seven members shall be farmers of Spartanburg County selected 
by the Spartanburg County legislative delegation. Two of the original farmer 
members having been elected for two years, two for four years and three for 
six years, their successors in office shall each be elected for a term of six years. 
The members of the governing board shall be appointed by the Governor 
upon the recommendation of the majority of the Spartanburg County legisla- 
tive delegation. 

1942 Code § 5806-135; 1940 (41) 1780; 1942 (42) 1528. 

§ 3-323. Compensation ; officers ; advisory retail council. 

All members of the governing board shall serve without compensation. 
There shall be a chairman and secretary-treasurer elected at the first meeting 
of the board and all checks and drafts must be signed by both officers. There 
shall be created an advisory board to the governing board known as the retail 
advisory council. The retail advisory council shall consist of the home dem- 
onstration agent and two members elected from the Spartanburg council of 
farm women. They shall meet with or without the governing board being 
present and shall make any and all suggestions they deem wise and advisable 
concerning the retail feature of the market. This advisory council shall be 
elected by the council of Spartanburg farm women. 

1942 Code § 5806-135; 1940 (41) 1780; 1942 (42) 1528. 

§ 3-324. Property exempt from taxes. 

All property owned by the Spartanburg County farmer's market shall be 
tax free. 

1942 Code § 5806-135; 1940 (41) 1780. 

Article 14. 
Spartanburg County Curb Market Commission. 

§ 3-327. Creation, membership and terms. 

There is hereby created the Spartanburg County curb market commission 

192 



§ 3-328 Agriculture § 3-330 

which shall consist of nine members who are residents of said county and 
who shall be appointed as follows: six members by a majority vote of the 
county legislative delegation and three members by a majority vote of the 
Spartanburg city council. The terms of office of the members shall be six 
years, the terms of office of the initial members having been as follows : two 
of the members appointed by the county legislative delegation and one ap- 
pointed by the city council for two years ; two of the members appointed by 
the county legislative delegation and one member appointed by the city coun- 
cil for four years and two of the members appointed by the county legislative 
delegation and one member appointed by the city council for six years. 
1947 (45) 36. 

§ 3-328. Officers. 

The members of the commission shall elect from among its number a chair- 
man, vice-chairman and a secretary-treasurer. The chairman shall call 
and preside at meetings, the vice-chairman shall act as chairman in the ab- 
sence of the chairman and the secretary-treasurer shall keep all records of 
the commission and receive and pay out all funds of the commission. The 
treasurer shall give bond payable to Spartanburg County in the amount of 
five thousand dollars with surety to be approved by the clerk of court for the 
county conditioned on the faithful discharge of his duties and properly ac- 
counting for all funds coming into his hands as such. The premium on the 
treasurer's bond shall be paid from funds coming into the commission's hands 
from the operation of the curb market or as appropriated otherwise by law. 

1947 (45) 36. 

§ 3-329. Commission to control and operate curb market. 

The commission shall have custody of the Spartanburg County curb market 
and shall have complete control of the operation of the curb market with full 
power to make rules and regulations, including charges or rents, for the 
operation of the curb market, to hire and fire personnel and to pay salaries 
and expenses of operation out of funds received from revenue or appropria- 
tions. 

1947 (45) 36. 

Article IS. 

Sumter County Market Facilities. 

§ 3-330. Lease or operation by commission. 

The governing body of Sumter County may lease the market facilities of the 
county upon such terms and for such time as it deems wise or it may set up 
a commission to be selected by the vote of a majority of the governing body 
to operate such facilities, the members of such commission so selected to be 
of such number and to serve for such term or terms as may be fixed by the 
governing body. 

1950 (46) 2020. 

[ISC Code] — 13 193 



§ 3-330.1 



Code of Laws of South Carolina 



§ 3-331 



§ 3-330.1. Enlargement of facilities. 

From time to time and as funds are available, the governing body of Sumter 
County may enlarge such market facilities to further provide for the whole- 
sale and, if deemed wise, the retail sale of farm produce, including the sale 
of fruit, vegetables, truck crops, poultry and other farm products. 

1950 (46) 2020. 

§ 3-330.2. Rules and regulations for operation ; fees ; employees. 

The governing body of the county or, if it shall appoint and designate a 
commission to act in its place, the commission may fix rules and regulations 
for the operation of such market and fees to be charged therefor and may 
employ all help for the operation thereof and fix wages and salaries therefor. 

1950 (46) 2020. 

Article 16. 

Florence County Truck Market. 

§ 3-331. Charge for maintenance. 

In the county of Florence there shall be charged not exceeding two cents 

per hamper on all truck sold in said county as expenses for the maintenance 

of the truck market and such amount so collected for such expenses shall be 

equally divided and one-half of such amount shall be paid by the buyer and 

one half by the seller. 

1942 Code § 6426; 1932 Code § 6426; Civ. C. '22 § 3338; 1920 (31) 843; 1936 (39) 1304, 
1608; 1937 (40) 384. 



CHAPTER 4. 
Seeds and Seed and Plant Certification. 



Article i. 
In General. 
Sec. 

3-401. Definitions. 

3-402. Enforcement; rules and regulations. 

3-403. Seed laboratory. 

3-404. License to handle seeds; tax. 

3-405. Exemption of farmers. 

3-406. Foundation seed organization to be 

established; purpose. 
3-407. Agencies to cooperate. 

Article 2. 
Labels and Tags. 

3-411. Agricultural seeds to be labeled; con- 
tents of labels. 

3-412. Mixtures for seeding purposes to be 
labeled; contents of labels. 

3-413. Labels inconsistent with chapter for- 
bidden. 



Sec. 

3-414. 

3-415. 



Vegetable and flower seeds to be 
labeled; contents of labels. 

Compliance required; false labeling, 
etc.; tolerance. 



Article 3. 
Analyses and Tests. 

3-421. Commissioner to analyze and test 

seeds. 
3-422. Access to premises; taking samples. 
3-423. Publication of results of tests. 
3-424. Free seed test for residents; charge 

to nonresidents. 

Article 4. 

Withdrawal, Confiscation and 
Sale of Seeds; Penalties. 



3-431. 



Withdrawal 
sale. 



194 



of impure seeds from 
[I SCCode] 



§ 3-401 Agriculture § 3-402 

Sec. Sec. 

3-432. Confiscation and sale of seed in case 3-443. Agencies to cooperate. 

of noncompliance with chapter. 3-444. Germination and mechanical purity 
3-433. How such seizure and sale made. of seed. 

3-434. Penalty. 3-445. Misdemeanor to use evidence of cer- 
3-435. Prosecution by Commissioner or tification of seeds or plants not cer- 

through Attorney General. tified. 

3-436. Preliminary hearing required in cer- 3-446. Definitions. 

tain cases. 



Article 6. 



Article 5. 



Seed Irish Potatoes for Use in 
Seed and Plant Certification. Charleston County. 

3-441. Clemson program for seed and plant 3-451. Certification; labeling. 

certification. 3-452. Inspection; issue of certificate. 

3-442. Personnel; rules and regulations; fa- 3-453. Penalties. 

cilities. 3-454. Payment and deposit of fines. 

Article 1. 

In General. 

§3-401. Definitions. 

As used in articles 1 to 4 of this chapter : 

(1) The term "agricultural seed" shall include the seeds of all domesticated 
grasses, cereals, clovers, vetches, alfalfas, peas (except garden peas) and beans 
(except garden beans) and the seeds of all other crops that are or may be 
successfully grown in this State on field scale ; 

(2) The term "vegetable seed" shall include the seeds of those crops that 
are generally grown in South Carolina on garden scale and generally known 
and sold under the name of vegetable seeds, including seed potatoes, onion 
sets, bulbs and plants ; 

(3) The term "flower seed" shall include the seeds of those plants grown in 
flower gardens for both ornamental and commercial purposes and generally 
known by the name of flower seed ; 

(4) The term "inert matter" shall be understood to include sand, dirt, 
chaff and other foreign substances and broken seed incapable of germinating; 

(5) The term "other agricultural seeds" shall include all agricultural seeds 
not of the kind or species named on the package ; 

(6) The term "common weed seeds" shall include seeds of the plants com- 
monly known as wild carrot, curled dock, sheep sorrel, common plantain, 
bracted plantain, buckhorn, henbit, chickweed and crab grass and seeds of all 
other plants which commonly occur in a wild state ; and 

(7) The term "noxious zvced seeds" shall mean seeds of wild onion or wild 
garlic, all dodders, corn cockle, cheat or chess, wild oats, Johnson grass, wild 
mustard, Canada thistle, black mustard and seeds of other similar plants. 

1942 Code §§ 5806-71, 5806-73, 5806-74, 5806-75, 5806-76; 1940 (41) 1875. 

§ 3-402. Enforcement; rules and regulations. 

The Commissioner of Agriculture shall enforce this chapter, other than 
article 6 hereof, and carry out its provisions and requirements. The Depart- 
ment of Agriculture shall adopt such rules and regulations, after conference 

195 



§ 3-403 Code of Laws of South Carolina § 3-406 

with the seed dealers and farmers of South Carolina, as may be necessary to 

secure the efficient enforcement of said provisions. 

1942 Code § 5S06-81; 1940 (41) 1875; 1941 (42) 119. 

Cross reference. — For rules and regula- ture Commissioner, in Volume 7 of this 
tions promulgated under authority of this Code, 
section, see Rules and Regulations, Agricul- 

§ 3-403. Seed laboratory. 

The Department of Agriculture shall maintain a seed laboratory with nec- 
essary equipment for carrying out the provisions of this chapter, other than 
article 6 hereof. 

1942 Code § 5806-81; 1940 (41) 1875; 1941 (42) 119. 

§ 3-404. License to handle seeds ; tax. 

For the purpose of providing a fund to defray the expenses of the examina- 
tions and analyses prescribed in this chapter, other than Article 6 hereof, each 
person selling or offering or ordering for sale or distribution in, or for export 
from, this State any seed mentioned in this chapter, other than Article 6 hereof, 
shall register his name with the Department of Agriculture and shall pay a 
license tax annually on January first of each year of one dollar when only 
boxed package vegetable or flower seed are handled and, when other seed with 
or without boxed package vegetable or flower seed is handled, of two and one- 
half dollars when the gross business is less than two hundred dollars, five 
dollars when the gross business is over two hundred dollars but less than five 
hundred dollars, ten dollars when the gross business is over five hundred 
dollars but less than one thousand dollars and twenty-five dollars when the 
gross business is one thousand dollars or more. The Commissioner's receipt 
for such license tax shall be a license to conduct the business. 

1942 Code § 5806-87; 1940 (41) 1875; 1941 (42) 119. 

§ 3-405. Exemption of farmers. 

No farmer, with the exception of seed breeders and seed farmers, residing 
in South Carolina shall be required to procure a State seed license as provided 
in § 3-404 to sell seeds raised on his farm nor shall he be required to have 
same tested. 

1942 Code § 5806-87; 1940 (41) 1S75; 1941 (42) 119. 

§ 3-406. Foundation seed organization to be established ; purpose. 

The Clemson Agricultural College of South Carolina shall be responsible 
for cooperating with the South Carolina Crop Improvement Association to 
inaugurate a foundation seed organization which shall have as its responsibil- 
ity the fostering of the production, processing and distribution of foundation 
hybrid seed corn and such other crop seeds as The Clemson Agricultural Col- 
lege of South Carolina recommends for increase in this State. In order to 
carry out such program the South Carolina Crop Improvement Association 
under the supervision of The Clemson Agricultural College of South Carolina 
may employ necessary personnel, purchase and install such equipment as is 

196 



§ 3-407 Agriculture § 3-412 

necessary in the program, establish and promulgate rules and regulations and 
provide other facilities. 
1949 (46) 59. 

§ 3-407. Agencies to cooperate. 

Insofar as the State Department of Agriculture, the South Carolina Ex- 
tension Service, the South Carolina Experiment Station, the South Carolina 
Crop Pest Commission and the State Department of Vocational Agricultural 
Education have to do with the publicity, breeding, testing, supervision, pro- 
duction and distribution of foundation seed, these agencies shall actively co- 
operate with the South Carolina Crop Improvement Association in carrying 
out the purposes of § 3-406. 

1949 (46) 59. 

Article 2. 

Labels and Tags. 

§ 3-411. Agricultural seeds to be labeled ; contents of labels. 

Every parcel, package or lot of agricultural seeds sold and delivered to any 
person for seeding purposes, weighing ten pounds or more, shall, whether the 
seller's place of business be inside or outside of this State, have affixed thereto, 
in a conspicuous place on the outside thereof, a distinct label or tag in the 
English language in legible type certifying: 

(1) The commonly accepted name of such agricultural seeds; 

(2) The approximate per cent by weight of purity, meaning the freedom of 
such agricultural seeds from inert matter and from other seeds distinguishable 
by their appearance ; 

(3) The approximate per cent by weight of inert matter, common weed 
seeds, noxious weed seeds and other agricultural seeds as defined in § 3-401 ; 

(4) The per cent of germination together with the month and year the seeds 
were tested for germination ; 

(5) In the case of seeds produced within the United States, the state in 
which the seeds were grown, when known ; 

(6) The full name and address of the seedsman, importer, dealer, agent or 
other person selling or offering or exposing for sale or for distribution such 
agricultural seeds in the State for seeding purposes ; and 

(7) The name and number of noxious weed seeds per ounce. 

The provisions of this section shall not apply to any such seed sold across the 
counter from a bin or container when such bin or container is labeled as 
required by this section. 

1942 Code §§ 5806-72, 5806-88; 1940 (41) 1875; 1941 (42) 119; 1950 (46) 2181. 

§ 3-412. Mixtures for seeding purposes to be labeled ; contents of labels. 

Mixtures, when in bulk, packages or other containers offered or exposed for 
sale within the State for seeding purposes containing two or more kinds of 
agricultural seed shall have affixed thereto in a conspicuous place on the ex- 
terior of the container of such a mixture a plainly written or printed tag or 
label in the English language stating: 

197 



§ 3-413 Code of Laws of South Carolina § 3-421 

(1) That such seed is a mixture; 

(2) The name and kind of each seed entering into the mixture ; 

(3) The approximate percentage by weight of inert matter in the mixture; 

(4) The approximate percentage by weight of weed seeds and other agri- 
cultural seeds in the mixture ; and 

(5) The full name and address of the seedsman, importer, dealer and 
agent or other person selling or offering or exposing for sale or distribution 
such mixture in this State for seeding purposes. 

1942 Code § 5806-77; 1940 (41) 1875. 

§ 3-413. Labels inconsistent with chapter forbidden. 

No statements regarding the quality of such agricultural seeds or mixtures, 
if inconsistent with the requirements of this chapter, shall be written or print- 
ed on the tag or label or placed inside or affixed to any container or bulk of 
agricultural seed or mixture sold or offered or exposed for sale or distribution 
within the State for seeding purposes. 

1942 Code § 5806-78; 1940 (41) 1875. 

§ 3-414. Vegetable and flower seeds to be labeled; contents of labels. 

No standard of purity shall be maintained for vegetable and flower seeds but 
each package weighing ten pounds or more must show on the tag or label the 
percentage of purity and the percentage of germination and the variety ; but 
this requirement shall not apply to seed sold across the counter from a bin or 
container which is labeled as herein required. 

1942 Code §§ 5806-79, 5806-88; 1940 (41) 1875; 1950 (46) 2181. 

§3-415. Compliance required; false labeling, etc.; tolerance. 

It shall be unlawful for any person to sell, offer or expose for sale or dis- 
tribute within the State any agricultural, vegetable or flower seeds, or mix- 
tures of agricultural, vegetable or flower seeds, for seeding purposes without 
complying with the requirements of this chapter or falsely to mark or label 
as to variety or kind any agricultural, vegetable or flower seeds or to interfere 
in any way with the inspectors or assistants in the discharge of their duties 
herein named ; but in the labeling of the per cent of germination together with 
the month and year the seeds were treated for germination, pursuant to § 3- 
411, a tolerance will be allowed in accordance with rules and regulations issued 
by the Commissioner of Agriculture. 

1942 Code §§ 5806-72, 5806-80; 1940 (41) 1875; 1941 (42) 119. 

Article 3. 

Analyses and Tests. 

§ 3-421. Commissioner to analyze and test seeds. 

The Commissioner of Agriculture, either by himself or his duly authorized 
agent, shall inspect, examine and make analyses of and test any agricultural, 
vegetable or flower seeds sold, offered or exposed for sale or distribution 
within the State for seeding purposes, at such time and place and to such ex- 
tent as he may determine. The rules for analyses shall conform to the best 

198 



§ 3-422 Agriculture § 3-431 

known methods of examining and testing agricultural, vegetable and flower 
seeds. 

1942 Code §§ 5806-83, 5806-84; 1940 (41) 1S75; 1941 (42) 1919. 

§ 3-422. Access to premises ; taking samples. 

The Commissioner of Agriculture and his agents shall have free access, at 
all reasonable hours, upon and into any premises or structures to make ex- 
amination of any agricultural, vegetable or flower seeds, whether such seeds 
are upon the premises of the owner or consignee of such seeds or on the 
premises or in the possession of any warehouse, elevator, railroad or steamship 
company. The Commissioner may, in person, or by his analysis inspectors or 
assistants, upon notice to the dealer or his agent or the representative of any 
warehouse, elevator, railroad or steamship company, if present, take for analy- 
sis a composite sample of any agricultural or vegetable seeds from a parcel, 
package, lot or other container or a number of parcels, packages, lots or other 
containers. 

1942 Code § 5806-83; 1940 (41) 1875; 1941 (42) 119. 

§ 3-423. Publication of results of tests. 

The Commissioner of Agriculture may publish or cause to be published, 
at his discretion, the results of the examinations and tests made of any 
samples of agricultural, vegetable or flower seeds or mixtures of agricultural 
seeds drawn as provided for in § 3-422, together with any other information he 
may deem advisable. 

1942 Code § 5806-84; 1940 (41) 1875; 1941 (42) 119. 

§3-424. Free seed test for residents; charge to nonresidents. 

Any citizen, firm or corporation of this State may have samples of seeds test- 
ed free of charge in the State seed laboratory ; provided, that the Commissioner 
of Agriculture may designate the number of free samples allowed anyone 
within the State and fix a reasonable charge for testing samples in excess 
of such allowance. 

Individuals, firms and corporations outside the State shall have a like privi- 
lege on payment of a fee of two dollars for each purity test and one dollar 
for each germination test. 

1942 Code § 5806-86; 1940 (41) 1875; 1941 (42) 119. 

Article 4. 
Withdrawal, Confiscation and Sale of Seeds; Penalties. 

§ 3-431. Withdrawal of impure seed from sale. 

Seed not having a reasonable germination or that are extremely impure, 
notwithstanding they may be properly labeled, shall be withdrawn from sale, 
on reasonable notice being given by the Commissioner of Agriculture to the 
seed dealer, when, in the opinion of the Commissioner, such withdrawal is 
in the interest of normal crop production. 

1942 Code § 5806-82; 1940 (41) 1875. 

199 



§ 3-432 Code of Laws of South Carolina § 3-435 

§ 3-432. Confiscation and sale of seed in case of noncompliance with chapter. 

Any person who shall sell or offer or expose for sale or distribution in this 
State any agricultural, vegetable or flower seed without complying with the 
requirements of articles 1 to 4 of this chapter shall be guilty of a violation 
of said articles and the lot of seed in question shall be seized and con- 
demned and sold or destroyed by the Commissioner of Agriculture, or his 
duly authorized representative, and the proceeds from any such sale shall be 
converted into the State Treasury for the use of the Department of Agricul- 
ture. The Commissioner, however, may in his discretion release the seed so 
withdrawn when the requirements of this chapter have been complied with 
and upon payment of all the costs or expenses incurred in any proceeding 
connected with such seizure and withdrawal. 

1942 Code § 5806-89; 1940 (41) 1875; 1941 (42) 119. 

§ 3-433. How such seizure and sale made. 

Such seizure and sale shall be made by the Commissioner of Agriculture 
or under the direction of an officer of his appointment. The sale shall be made 
at the courthouse door in the county in which the seizure is made; provided, 
that whenever for sufficient reason appearing to the Commissioner or his 
representative another place of sale is more convenient and more desirable such 
place of sale may be selected. The sale shall be advertised for thirty days in a 
newspaper published in the county in which seizure is made or, if no news- 
paper be published in such county, then it shall be advertised in a newspaper 
published in the nearest county thereto having a newspaper. The advertise- 
ment shall state the name and the variety of the seed, the quantity, why seized 
and offered for sale and the time and place of sale. 

1942 Code § 5806-89; 1940 (41) 1875; 1941 (42) 119. 

§3-434. Penalty. 

Every violation of the provisions of this chapter, other than articles 5 and 6 
hereof, shall be deemed a misdemeanor and punishable by a fine not to exceed 
one hundred dollars. 

1942 Code § 5806-85; 1940 (41) 1875; 1941 (42) 119. 

§ 3-435. Prosecution by Commissioner or through Attorney General. 

If the Commissioner of Agriculture shall find, upon examination, analysis 
or test, that any person has violated any of the provisions of this chapter, other 
than articles 5 or 6 hereof, he or his duly authorized agent may institute pro- 
ceedings in a court of competent jurisdiction to have such person convicted 
thereof. Or the Commissioner, in his discretion, may report the results of 
such examination to the Attorney General, together with sworn statement of 
the analyst, duly acknowledged, and such other evidence of such violation 
as he shall deem necessary. Such sworn statement shall be submitted as 
evidence in any court of this State in any proceeding instituted under this 
chapter, other than articles 5 or 6 hereof; but, upon a motion of the accused, 
such analyst shall be required to appear as a witness and be subject to cross- 
examination. The Attorney General or, in his discretion and at his direction 
the attorney of the county or city in which the alleged violation has occurred, 

200 



§ 3-436 Agriculture § 3-444 

shall institute proceedings at once against the person charged with such vio- 
lation. Such proceedings for violations shall be instituted according to the 
laws of this State. 

1942 Code § 5806-85; 1940 (41) 1875; 1941 (42) 119. 

§ 3-436. Preliminary hearing required in certain cases. 

Anything in § 3-435 contained to the contrary notwithstanding, no prosecu- 
tion for violation of articles 1 to 4 of this chapter, if the evidence of such viola- 
tions is based on tests or analyses, shall be instituted except in the manner 
following: when the Commissioner of Agriculture finds that said articles have 
been violated, as shown by test examination or analysis, he shall give notice to 
the person in whose hands the seeds were found, designating a time and 
place for a hearing. This hearing shall be private and the person involved 
shall have the right to introduce evidence, either in person, by agent or at- 
torney. If. after the hearing, or without the hearing in case the person fails 
or refuses to appear, the Commissioner decides that the evidence warrants 
prosecution, he shall proceed as provided in § 3-435. 

1942 Code § 5806-85; 1940 (41) 1875; 1941 (42) 119. 

Article 5. 
Seed and Plant Certification. 

§ 3-441. Clemson program for seed and plant certification. 

The Clemson Agricultural College of South Carolina may inaugurate a 
program of seed and plant certification which shall have as its aim the foster- 
ing of the production and distribution of pure varieties of seeds and plants in 
South Carolina. 

1945 (44) 84. 

§ 3-442. Personnel ; rules and regulations ; facilities. 

In order to carry out such program the College may employ the necessary 
personnel, establish and promulgate rules and regulations and provide other 
facilities necessary for the certification of seeds and plants and for aiding in 
the distribution and promotion of the use of such certified seeds and plants. 

1945 (44) 84. 

§ 3-443. Agencies to cooperate. 

Insofar as the State Department of Agriculture, the South Carolina exten- 
sion service, the South Carolina experiment station, the State Crop Pest Com- 
mission and the State Department of Vocational Education have to do with 
the sampling, testing, breeding, production, certification and distribution of 
seeds and plants these agencies shall actively cooperate with the College in 
carrying out the purposes of this article. 

1945 (44) 84. 

§ 3-444. Germination and mechanical purity of seed. 

Certification of seeds and plants insofar as it concerns germination and 
mechanical purity of the seed shall depend upon the reports of the seed labora- 

201 



§3-445 Code of Laws of South Carolina §3-451 

tory of the State Department of Agriculture. Seeds may not be certified by 
the College unless the germination and purity test reports of the Seed Labora- 
tory of the Department indicate that such seeds comply with the agricultural 
seed law of this State. 
1945 (44) 84. 

§ 3-445. Misdemeanor to use evidence of certification of seeds or plants not 
certified. 

It shall be a misdemeanor, punishable by fine or imprisonment, in the dis- 
cretion of the court, for any person selling seeds or plants in this State to use 
any evidence of certification, such as a blue tag or the word "certified," or 
both, on any package of seeds or plants unless such seeds or plants shall 
have been duly inspected and certified as provided for in this article or by 
a similar legally constituted agency of another State or foreign country. The 
duty of enforcing the provisions of this article shall be vested in the Commis- 
sioner of Agriculture. 

1945 (44) 84. 

§ 3-446. Definitions. 

(1) The terms "certification" and "certified" as applied to seeds and plants under 
this article are defined as a guarantee that all necessary precautions have been taken 
to see that the seeds and plants conform to commonly recognized standards of 
quality for such seeds and plants as established by The Clemson Agricultural 
College of South Carolina ; 

(2) The term "seed" as used in this article refers to the true seeds of all field 
crops, vegetables, flowers or other plants ; 

(3) The term "plant" is meant to include seedlings, nursery stock, roots, 
tubers, bulbs, cuttings and other plant parts used in the propagation of field 
crops, vegetables, fruits, flowers or other plants ; and 

(4) The term "variety" carries its original meaning and includes strains of 
varieties which are sufficiently different from the parent variety to justify special 
designation. 

1945 (44) 84. 

Article 6. 

Seed Irish Potatoes for Use in Charleston County. 

§3-451. Certification ; labeling. 

All Irish potatoes entering the county of Charleston, State of South Carolina, 
for seed purposes which do not bear an official certification seed Irish potato 
tag must have attached thereto a tag prominently stating "these potatoes are 
non-certified" and no statement on these tags shall read or imply that the 
seed potatoes contained therein are of superior quality, personally certified or 
registered. Also, all certified seed potatoes shall be tagged in such a manner 
as to set forth that the potatoes in the container to which the tag is attached 
have met the requirements for certification as required by the South Car- 
olina State Crop Pest Commission. 

1942 Code § 5806-122; 1939 (41) 466. 

202 



§ 3-452 



Agriculture 



§ 3-454 



§ 3-452. Inspection ; issus of certificate. 

All seed Irish potatoes entering Charleston County to be planted in said 
county must be inspected at the time of arrival either by the State Crop 
Pest Commission or an inspector of the food products inspection service, 
United States Department of Agriculture, or by both, and a certificate cover- 
ing the condition of such seed potatoes issued to the receiver. 

1942 Code § 5806-122; 1939 (41) 466. 

§3-453. Penalties. 

Any person who shall violate the provisions of this article shall be guilty of a 
misdemeanor and shall, upon conviction thereof, be punished by a fine of not 
more than one hundred dollars or imprisonment for not more than ten days. 

1942 Code § 5806-122; 1939 (41) 466. 

§ 3-454. Payment and deposit of fines. 

All fines resulting from prosecutions under this article shall be paid to 
the State Treasurer and deposited to the credit of the State Treasury. 

1942 Code § 5806-122; 1939 (41) 466. 





CHAPTER 5. 




Fertilizers. 




Article 1. Sec. 




General Provisions. J-S1V. 


Sec. 
3-501. 


3-520. 
"Commercial fertilizer" defined; ex- 



emptions. 

3-502. Sales tonnage to be reported semi- 
annually. 

3-503. Fertilizer board of control. 

3-504. Misdemeanor to violate any provi- 
sion of chapter. 

Article 2. 
Registration of fertilizers, etc. 

3-511. Sale of unregistered material unlaw- 
ful. 

3-512. Information required prior to regis- 
tration. 

3-513. Same; phosphoric acid in certain 
cases. 

3-514. Registration and filing copy of label; 
certificate as to source. 

3-515. When registration may be prohibited. 

3-516. Fee for and term of registration. 

3-517. Exclusive use of brand name or trade 
mark. 

3-518. Analysis to remain uniform through- 
out term of registration; changes 
permitted. 



Registration upon change of ingredi- 
ent. 

Dealer or manufacturer persistently 
fraudulent. 



Article 3. 
Labels, Tags, etc. 

3-531. Information required upon contain- 
ers or with shipments. 

3-532. Same; how shown. 

3-533. Statement required on reverse of 
analysis or tag. 

3-534. Contract specifications to be com- 
plied with; actual analysis shown 
on tag and guaranteed. 

Article 4. 



3-541. 
3-542. 
3-543. 



3-544. 
3-545. 



Required Standards. 

Minimum plant food required in cer- 
tain fertilizers. 

Nitrogen required in certain fertiliz- 
ers; sale of superphosphate. 

Requirements of board as to nitro- 
gen. 

Filler. 

Grade of cottonseed meal. 



203 



§ 3-501 



Code of Laws of South Carolina 



§ 3-503 



Sec. 

3-546. Nitrogen not to be added to cotton- 
seed meal. 

3-547. Water; wet or bad mechanical con- 
dition. 

3-548. Bulk sales. 

Article 5. 
Analyses and Inspections. 

3-561. Analyses of fertilizers; inspectors; 
chemists; reports. 

3-562. Entry of premises and inspection. 

3-563. Analysis of fertilizers, etc., for pur- 
chasers for own use. 

3-564. Rules and regulations. 

3-565. Use of certificates of analyses in 
trials. 

3-566. Inspection tax. 

3-567. Inspection tax tags or stamps; can- 
cellation; resale; duty of certain 
carriers. 



Sec. 

3-572. Penalty for deficiency in basicity. 

3-573. Excess in sulphur content of tobacco 
fertilizer. 

3-574. Other deficiencies. 

3-575. Packages; weights; penalties for de- 
ficiency in weight. 

3-576. Publication of relative values of vari- 
ous ingredients of fertilizer. 

3-577. Liability to purchasers of fertilizers 
short on guaranteed value. 

3-578. Who entitled to penalty. 

3-579. How penalty distributed. 

3-580. Penalty for failure to distribute. 

3-581. Evidence of distribution. 

3-582. Actions to recover fines and penal- 
ties. 

3-583. Seller as agent for out-of-state manu- 
facturer. 

3-584. Sale of fertilizer after judgment. 

3-585. Remission of penalty. 

3-586. Penalty for certain violations of chap- 
ter. 



Article 6. 
Penalties, Suits, etc. 

3-571. Penalties for deficiency in chlorine. 

Article 1. 
General Provisions. 

§ 3-501. "Commercial fertilizer" defined; exemptions. 

For the purpose of this chapter a "commercial fertilizer" is hereby defined as 
any material, substance or mixture which contains or is claimed to contain more 
than one per cent of nitrogen, of total phosphoric acid or of potash ; provided, that 
lime, limestone, marl, unground bones, stock-pen manure, barnyard manure 
or the excrement of any domestic animals shall be exempt from the provisions 
of this chapter, but in the case of such manure or excrement only when the 
same has not been dried or manipulated or otherwise treated or when it is not 
claimed to have a value of more than four dollars a ton. 

1942 Code § 6367; 1939 (41) 360. 

§ 3-502. Sales tonnage to be reported semi-annually. 

Each person registering mixed fertilizers and fertilizer materials under this 
chapter shall furnish to the board of trustees of The Clemson Agricultural 
College of South Carolina or their duly authorized agent a written statement 
of the tonnage of each grade of fertilizer and fertilizer material sold by him 
in this State. Such statement shall include all sales for the periods of Jan- 
uary 1st to and including June 30th and of July 1st to and including December 
31st of each year. These statements are to be made within thirty days after 
the expiration dates of each of these periods. 

1942 Code § 6371; 1939 (41) 360. 

§ 3-503. Fertilizer board of control. 
The board of trustees of the College may delegate the duties herein pro- 

204 



§ 3-504 Agriculture § 3-512 

vided to the fertilizer committee of the board which shall be known as the 
fertilizer board of control. 
1942 Code § 6385; 1939 (41) 360. 

§ 3-504. Misdemeanor to violate any provision of chapter. 

Every person violating the fertilizer law of this State shall be guilty of a 
misdemeanor. 

1942 Code § 6385-1; 1939 (41) 360. 

Article 2. 
Registration of Fertilisers, etc. 

§ 3-511. Sale of unregistered material unlawful. 

It shall be unlawful for any manufacturer or other person, either himself 
or by his agent, to sell in this State any fertilizer or fertilizer materials that 
have not been registered with the board of trustees of The Clemson Agricul- 
tural College of South Carolina as required by this chapter. 

1942 Code § 6358; 1939 (41) 360. 

§ 3-512. Information required prior to registration. 

Every person, before manufacturing, selling or offering for sale in this 
State any commercial fertilizer or fertilizer materials, shall first register 
and file with the board of trustees of the College a signed statement giving 
the name and address of the applicant, together with the location of each man- 
ufacturing or mixing plant, and the following information with respect to 
each brand, grade or analysis in the following order: 

(1) The net weight of material in each package in pounds ; 

(2) The brand name and/or trade mark, together with the grade; 

(3) The guaranteed analysis : 

(a) In mixed fertilizers : 

i. Available nitrogen — percent (whole numbers only) ; 

ii. Water soluble — percent of available nitrogen ; 

iii. Water insoluble — percent of available nitrogen ; 

iv. Available phosphoric acid — percent (whole numbers only) ; 

v. Available potash — percent (whole numbers only) ; 

vi. Whether the fertilizer is acid forming or non-acid forming; and 

vii. The minimum potential basicity expressed as equivalent of calcium 

carbonate in multiples of five percent (or one hundred pounds per ton) 

only; 

(b) In mixed fertilizers branded for tobacco: 

i. Available nitrogen — percent (whole numbers only) ; 
ii. Water soluble — percent of available nitrogen ; i 

iii. Water insoluble — percent of available nitrogen ; 
iv. Available phosphoric acid — percent (whole numbers only) ; 
v. Available potash — percent (whole numbers only) ; 
vi. Maximum chlorine content — percent ; 

vii. Whether the fertilizer is acid forming or non-acid forming; and 

205 



§ 3-513 Code of Laws of South Carolina § 3-514 

viii. The minimum potential basicity expressed as equivalent of calcium 
carbonate in multiples of five percent (or one hundred pounds per ton) 
only ; 
(c) In fertilizer materials: 

i. Available nitrogen — percent; 

ii. Available phosphoric acid— percent ; and 

iii. Available potash — percent; 

(4) The name and address of the person guaranteeing the registration ; 

(5) The minimum magnesium content expressed as magnesium oxide 
(whole numbers only), the minimum water soluble manganese content ex- 
pressed as equivalent manganese sulphate (j\InS04) per cent and the sulphur 
content in percent may be included in the guarantee. Additional plant food 
materials determinable by chemical control methods that in the opinion of 
the board of trustees of the College are beneficial or injurious to crops may 
also be included in the guarantee. When any such additional plant food or 
elements or compounds are included in the guarantee they shall be subject 
to inspection and analysis in accordance with the methods and regulations 
prescribed by the board of trustees of the College ; and 

(6) The sources from which such nitrogen, phosphoric acid, potash and 
potential basicity, if claimed, are derived. 

1942 Code § 6360; 1939 (41) 360. 

§ 3-513. Same; phosphoric acid in certain cases. 

In the case of bone, tankage and other organic materials in which the 
phosphoric acid is not shown by laboratory methods to be available but even- 
tually becomes available in the soil, phosphoric acid may be guaranteed as 
total phosphoric acid. The natural unacidulated mineral phosphatic materials 
offered for sale shall be guaranteed as to both total and available phosphoric 
acid. In the case of basic slag either the total or available phosphoric acid 
shall be guaranteed. If the term "available phosphoric acid" be used in the 
statement of analysis it shall mean the sum of water soluble and citrate solu- 
ble phosphoric acid, except that when applied to basic slag phosphate the term 
"available" shall mean that part of phosphoric acid found available by the 
Wagner citric acid method as adopted by the Association of Official Agri- 
cultural Chemists. 

In no case, except in the case of unacidulated mineral phosphates, shall 
the terms "total phosphoric acid" and "available phosphoric acid" be used in the 
same statement of analysis. 

1942 Code § 6360; 1939 (41) 360. 

§ 3-514. Registration and filing copy of label ; certificate as to source. 

Every person engaged in the manufacture or sale of fertilizers, commercial 
manures or cottonseed meal in this State, before selling or offering for sale 
the same, shall register and file with the board of trustees of The Clemson 
Agricultural College of South Carolina a true and correct copy of the printed 
label or stamp required by §§ 3-531 to 3-534 to be printed on each and every 
bag, barrel or package of fertilizer or fertilizer material of the various grades 

206 



§ 3-515 Agriculture § 3-519 

and brands which such person proposes to offer for sale within the State until 
the first of January next following; also a certificate showing the source from 
which the nitrogen, phosphoric acid and potash guaranteed in each of such 
brands of fertilizers or commercial manures so offered for sale are derived. 
1942 Code § 6353; 1939 (41) 360. 

§ 3-515. When registration may be prohibited. 

The board of trustees of the College may prohibit the registration and 
sale of any fertilizer or fertilizer material which has a misleading or deceptive 
trade mark or brand name or one that carries exaggerated claims or that con- 
tains materials injurious to growing plants. 

1942 Code § 6359; 1939 (41) 360. 

§ 3-516. Fee for and term of registration. 

For the privilege of such registration the person engaged in the manufac- 
ture or sale of fertilizers, fertilizer materials or cottonseed meal shall pay to 
the State Treasurer, at the time of offering the same for registration, the sum 
of one dollar for each grade and brand name registered and no grade and brand 
name shall be registered without the payment of said sum. The registrations 
of all grades and brands of fertilizer or fertilizer materials shall expire on 
December 31st of the year for which they are registered. Brands that were 
registered during a previous year shall be required to be re-registered before 
they are again offered for sale in South Carolina. 

1942 Code § 6354; 1939 (41) 360. 

§ 3-517. Exclusive use of brand name or trade mark. 

The brand name or trade mark registered by a person shall not be entitled 
to registration by another and the person having first registered and used the 
name or trade mark shall be entitled to it, even should such brand name or 
trade mark not be offered for current registration. 

1942 Code § 6357; 1939 (41) 360. 

§ 3-518. Analysis to remain uniform throughout term of registration; changes 
permitted. 

The guaranteed analysis of each and every grade and brand of fertilizer and 
fertilizer material must without exception remain uniform throughout the year 
for which it is registered and in no case shall the grade be lowered, although the 
proportion of available constituents may be changed so that the decrease of 
one constituent may be compensated by the increase of the other or others 
if such proposed change first receive the approval of the board of trustees of 
The Clemson Agricultural College of South Carolina or its authorized agent. 

1942 Code § 6356; 1939 (41) 360. 

§ 3-519. Registration upon change of ingredient. 

Such grades and brands as are registered under the provisions of this chap- 
ter shall be re-registered before one or more of the ingredients of the fertilizer, 
upon which such grade and brand name is used, shall be changed ; and, in the 

207 



§ 3-520 Code of Laws of South Carolina § 3-533 

event of such change, the fee herein required shall be again paid by the 
person offering said grade and brand of fertilizer for registration. 
1942 Code § 63SS; 1939 (41) 360. 

§ 3-520. Dealer or manufacturer persistently fraudulent. 

When it shall appear to the board of trustees of the College that any man- 
ufacturer or dealer has been persistently fraudulent in his dealings the board 
may revoke the registration of such manufacturer or dealer or refuse to regis- 
ter him. 

1942 Code § 6382; 1939 (41) 360. 

Article 3. 
Labels, Tags, etc. 

§ 3-531. Information required upon containers or with shipments. 

Each person who sells or offers for sale mixed fertilizer or fertilizer material 
in this State shall mark upon each container or associate with each shipment 
or document relative thereto the information required by items 1 to 6 inclusive 
of §3-512. 

1942 Code § 6362; 1939 (41) 360. 

Constitutionality. — See National Fertil- would result in disclosing secret formulas 

izer Ass'n v. Bradley, 18 F. Supp. 263, aff'd and thus operate as an unlawful deprivation 

301 U. S. 178, in which the constitutionality of property, the court held that the right 

of a similar provision (§§ 6366 and 6367, to maintain secrecy was subject to the po- 

Code of 1932), since repealed, was upheld. lice power of the State. National Fertilizer 

Right to maintain secrecy subject to po- Ass'n v. Bradley, 301 U. S. 178, 57 S. Ct. 

lice power of State. — Where it was asserted 748, 81 L. Ed. 990, construing (§§6366, 6367, 

that compliance with a similar section Code of 1932), since repealed. 

§ 3-532. Same ; how shown. 

If shipped in bags, barrels or other containers with a capacity of fifty pounds 
or more, such information included in items 1 to 4 inclusive of § 3-512 shall 
be printed directly on the container, except that the water soluble and water 
insoluble nitrogen and guaranteed basicity may be printed on a tag or label. 
Items 5 and 6, inclusive of § 3-512 shall be printed on the container or a tag 
or label attached thereto. 

If shipped in bulk by rail, such information required by items 1 to 6 in- 
clusive of § 3-512 shall be printed on a suitable label which shall be fastened 
on the inside wall of the car near the door. 

If shipped in bulk by boat, truck, wagon or other vehicle, such information 
required by items 1 to 6 inclusive of § 3-512 shall be attached to the copy of 
the invoice delivered to the purchaser or other receiver. 

If shipped in packages of less than fifty pounds, such information required 
by items 1 to 6 inclusive of § 3-512 may be printed on the container in which the 
material is delivered to the purchaser. 

1942 Code § 6362; 1939 (41) 360. 

§ 3-533. Statement required on reverse of analysis or tag. 

In addition to the statement of the chemical analysis required by § 3-512, 

208 



§3-534 Agriculture §3-541 

the amount and analysis of each material, or source of each plant food element, 
used in the manufacture of the fertilizer mixture containing two or more plant 
food elements shall be stated in pounds per hundred pounds of mixture on 
the reverse side of the guaranteed analysis tag or on a separate tag attached 
to each bag or container. If placed on a separate tag, the brand, name and 
address of the person guaranteeing the registration must be included. 
1942 Code § 6361 ; 1939 (411 360. 

Cross reference. — See note to §3-531. Meaning of "analysis." — "Analysis" means 

Meaning of "source." — "Source" means that the major carrier shall be given, the 

that substance which is used in the making percentage per hundred pounds of this ma- 

of a fertilizer mixture in order to get into jor carrier be given, and that the analysis 

the final mixture one or more of the impor- of this major carrier, so far as it contains 

tant plant food elements necessary to and any of the well-recognized plant food ele- 

desirable for the efficiency and suitability of ments (major or minor, when important, 

the final mixture. National Fertilizer Ass'n common or rare in occurrence) be stated. 

v. Bradley, 18 F. Supp. 263, aff'd 301 U. S. National Fertilizer Ass'n v. Bradley, 18 F. 

178. construing a similar provision (§§ 6367, Supp. 263, aff'd 301 U. S. 178. construing 

Code of 1932), since repealed. similar provision (§ 6367, Code of 1932), 

since repealed. 

§3-534. Contract specifications to be complied with; actual analysis shown 
on tag and guaranteed. 

When there is a contract of agreement between a manufacturer and a pur- 
chaser of fertilizer that the fertilizer will be manufactured by the use of cer- 
tain definite sources and amounts of nitrogen, phosphoric acid and potash, 
the fertilizer must be manufactured from these materials without the substi- 
tution of other materials and the actual analysis of the mixture must be shown 
on the tag and guaranteed as prescribed in § 3-512. Failure on the part of the 
manufacturer to comply with this requirement shall render the manufacturer 
liable to the purchaser for penalties prescribed by law and, in addition thereto, 
the manufacturer shall pay to the purchaser a penalty equal to one-fourth of 
the purchase price of such fertilizer. 

1942 Code § 6361 ; 1939 (41) 360. 

Cross reference. — See notes to §§ 3-531 
and 3-533. 

Article 4. 
Required Standards. 

§ 3-541. Minimum plant food required in certain fertilizers. 

No fertilizer with a guarantee of two or more plant food ingredients and 
no mixed fertilizer shall be sold or offered for sale for fertilizer purposes in 
this State which contains less than twenty per cent of plant food ; provided that 
mixed fertilizers with twenty-five per cent or more of the nitrogen in soluble 
form may contain a minimum of eighteen per cent of plant food ingredients. 
This shall not apply to animal or vegetable products not mixed with other 
fertilizer materials. A maximum of twenty-five grade ratios of two or more 
plant food ingredients in mixed fertilizers approved by the fertilizer board of 
control may be registered for sale in this State. The higher analyses shall be 
multiples of the approved ratio grades. 

[ISC Code] — 14 209 



§ 3-542 Code of Laws of South Carolina § 3-545 

This section shall not apply to the sale or the offer for sale of fertilizer 
materials to a fertilizer manufacturer for manufacturing purposes. 
1942 Code § 6363; 1939 (411 360: 1945 (44) 97. 

§ 3-542. Nitrogen required in certain fertilizers; sale of superphosphate. 

No nitrate of soda containing less than fifteen and one-fourth per cent 
of nitrogen and no sulphate of ammonia containing less than twenty and one- 
fourth per cent of nitrogen shall be registered, sold or offered for sale in 
this State. 

No superphosphate shall be sold or offered for sale for fertilizer purposes 
within the State which contains less than eighteen per cent of available plant 
food. 

This section shall not apply to the sale or the offer for sale of fertilizer 
materials to a fertilizer manufacturer for manufacturing purposes. 

1942 Code § 6363; 1939 (411 360; 1945 (44) 97. 

§ 3-543. Requirements of board as to nitrogen. 

It shall be unlawful for any person to sell or offer for sale in this State any 
fertilizer or fertilizer material furnishing nitrogen in which the availability 
of nitrogen does not meet the requirements of the board of trustees of The 
Clemson Agricultural College of South Carolina. 

1942 Code § 6379; 1939 (41) 360. 

§3-544. Filler. 

It shall be unlawful for any person to manufacture, offer for sale or sell in 
this State any mixed fertilizer or fertilizer material containing any substance 
used as a filler that is injurious to crop growth or deleterious to the soil or to 
use in such mixed fertilizer or fertilizer material as a filler any substance that 
contains inert plant food material or any other substance for the purpose or 
with the effect of deceiving or defrauding the purchaser. The board of trus- 
tees of the College shall determine what inert material or substance is in- 
jurious or objectionable. 

1942 Code § 6364; 1939 (41) 360. 

§ 3-545. Grade of cottonseed meal. 

All cottonseed meal manufactured and offered for sale as a fertilizer in the 
State shall be known and branded as "High Grade," "Standard" or "Low Grade." 
High Grade meal must contain not less than six and fifty-eight one hundredths 
per cent of nitrogen. Standard meal must contain not less than five and seven- 
ty-six one hundredths per cent of nitrogen. Any cottonseed meal containing 
less than five and seventy-six one hundreds per cent of nitrogen shall be 
known and branded as Low Grade. But all meal manufactured from sea 
island cottonseed shall be branded "Sea Island Cottonseed Meal." The guar- 
anteed analysis of Sea Island Cottonseed Meal shall not be less than three 
and seven-tenths per cent of nitrogen and the same shall be printed on the 
package or on a tag. 

1942 Code § 6365; 1939 (41) 360. 

210 [ISC Code] 



§ 3-546 Agriculture § 3-561 

Effect of failure to comply with section. — the statutory requirements and therefore 

Upon failure to comply with the provisions null and void on the ground of public policy, 

of this section, a recital to the contrary Southern States Phosphate Co. v. Arthurs, 

in a note given for the purchase price will 97 S. C. 358, 81 S. E. 663 (1914), construing 

be construed as an attempt to dispense with a 1912 statute similar to this section. 

§ 3-546. Nitrogen not to be added to cottonseed meal. 

In all cases where cottonseed meal is sold purely as cottonseed meal, there 
shall be no other nitrogen than that derived from the cottonseed and in the 
event that any other kind of nitrogen is put into cottonseed meal sold pure- 
ly as cottonseed meal, the person offering for sale or selling the same 
shall be liable to a penalty of one dollar per bag of every lot of cottonseed 
meal so sold or offered for sale. 

1942 Code § 6365; 1939 (41) 360. 

§3-547. Water; wet or bad mechanical condition. 

No commercial fertilizer or fertilizer material shall be offered for sale which 
contains such an amount of water as to render the handling or manipulation 
of such fertilizer or fertilizer material difficult or to cause the clogging of 
fertilizer distributors by reason of its bad mechanical condition. Such wet or 
bad mechanical condition of any fertilizer shall be carefully observed by all 
fertilizer inspectors at the time of drawing their samples and shall be reported 
along with the sample to the board of trustees of The Clemson Agricultural 
College of South Carolina or their duly authorized agent who, if he confirms 
the opinion of the inspector, shall forbid the sale of the lot so inspected. 

1942 Code § 6383; 1939 (41) 360. 

§3-548. Bulk sales. 

Manufacturers, jobbers, dealers or manipulators of commercial fertilizers 
may sell acid phosphate or other fertilizer material in bulk to persons who 
desire to purchase the same for their own use on their own lands in this State, 
but not for sale, under such rules and regulations prescribed by the board of 
trustees of the College as are not inconsistent with the provisions of this 
chapter; provided, that the inspection tax shall be paid on such fertilizer as 
provided in § 3-566. But if such bulk fertilizer is offered for sale it must be 
tagged and branded and otherwise in accord with the provisions of this chap- 
ter. 

1942 Code § 6378; 1939 (41) 360. 

Article 5. 

Analyses and Inspections. 

§ 3-561. Analyses of fertilizers ; inspectors ; chemists ; reports. 

The board of trustees of The Clemson Agricultural College of South Car- 
olina shall cause one or more analyses to be made annually of such com- 
mercial fertilizers, sold or offered for sale under the provisions of this chapter, 
as may be sampled under their direction and in accordance with such regu- 
lations as they may adopt. For this purpose said board or a committee there- 
of shall appoint or cause to be appointed a sufficient number of inspectors who 

211 



§ 3-562 Code of Laws of South Carolina § 3-563 

shall secure for the board samples of such fertilizers and shall cause such 
samples to be forwarded to the College, there to be analyzed in accordance 
with the methods of the Association of Official Agricultural Chemists and 
otherwise experimented with, and who shall perform such other duties as the 
board may direct. And the board shall also employ a chief chemist, with such 
assistants skilled in agricultural chemistry as may be necessary, who shall 
analyze such fertilizers and other materials as may be required by said board 
and shall make regular reports to the board of the results of all the analysis 
of officially drawn samples of fertilizer and fertilizer materials. Such reports 
shall be published in bulletins and shall be ready for distribution as directed 
by the board. 

1942 Code § 6368; 1939 (41) 360. 

§ 3-562. Entry of premises and inspection. 

In order to carry out the provisions of this chapter, any officer or agent of 
the board of trustees of the College or of a committee thereof authorized 
by them for the purpose may at any hour during the day or night enter any 
factory, plant, car or other place in which any fertilizer or substance de- 
signed or intended for use as a fertilizer is stored to be shipped or sold ; and 
may inspect and sample the contents and operation thereof. It is hereby 
made a condition to the shipment or delivery for shipment of any fertilizer 
from any such factory, plant or car that such inspection and sampling be 
permitted by the owner or operator thereof. 

1942 Code § 6372; 1939 (41) 360. 

§ 3-563. Analysis of fertilizers, etc., for purchasers for own use. 

Any citizen of this State who shall purchase for his own use and not for 
sale any fertilizers, manures or cottonseed meal shall have the right to have 
the same analyzed by the College by taking a sample of the same for analysis 
from not less than five bags and from at least ten per cent of such fertilizers 
within fifteen days from the date of delivery. Before taking such sample 
such citizen shall give the manufacturer whose name and address appears on 
the bag or tag at least six days' written notice, which shall be served personally 
or sent by registered letter, of his intention to draw such sample. If the 
manufacturer shall fail to have a representative present within the time re- 
quired, then such sample shall be taken in the presence of at least two dis- 
interested witnesses, one to be chosen by such purchaser and one by the 
seller, who shall certify that the sample was taken from such fertilizer, manure 
or cottonseed meal. The certificate with the sample shall be sealed by a 
third distinterested party in the presence of the witnesses and directed to the 
College. If both the seller and the manufacturer of such fertilizer, commercial 
manure or cottonseed meal shall refuse, decline or neglect to choose a wit- 
ness as provided in this section, after having been notified or requested six 
days before by such purchaser to do so, then they shall forfeit their right 
so to do and such purchaser shall select two disinterested witnesses, who 
shall select a third witness, who shall proceed to take samples as above pro- 
vided. All samples of fertilizer, manure or cottonseed meal drawn under 

212 



§ 3-564 Agriculture § 3-567 

the provisions of this section shall be subject to such other rules as may be 
prescribed by the board of trustees of the College not inconsistent with the 
provisions of this chapter. 
1942 Code § 6380; 1939 (41) 360. 

§ 3-564. Rules and regulations. 

The board of trustees of The Clemson Agricultural College of South Caro- 
lina may establish such rules and regulations in regard to the inspection, 
analysis and sale of fertilizers and fertilizer materials as shall not be in- 
consistent with the provisions of this chapter, and as in its judgment will 
best carry out the requirements thereof and, without limiting the generality 
of the foregoing, may prescribe suitable rules and regulations for the sale 
of agricultural lime materials that are to be added to the soil. 

1942 Code §§6381, 6384; 1939 (41) 360. 

§ 3-565. Use of certificates of analyses in trials. 

In the trial of any suit or action wherein is called in question the value of 
the composition of any fertilizer, a certificate signed by the chief chemist, 
setting forth the analysis made by the chief chemist, or under his direction, 
of the sample of such fertilizer analyzed under the provisions of this chapter, 
shall be prima facie evidence that the fertilizer was of the value and con- 
sistency shown by such analysis. 

1942 Code § 6369; 1939 (41) 360. 

§ 3-566. Inspection tax. 

For the purpose of defraying the expenses connected with the inspection 
and analysis of commercial fertilizers sold or exposed or offered for sale in 
this State and experiments relative to the value thereof, all persons engaged 
in the manufacture or sale of commercial fertilizers shall pay to the State 
Treasurer an inspection tax of twenty-five cents per ton (two thousand 
pounds), or one cent per individual package containing fifty pounds or less, 
for such commercial fertilizers sold or offered for sale in this State, in order 
to entitle the same to inspection and delivery, and shall attach to each package 
a tag or stamp furnished by the board of trustees of The Clemson Agri- 
cultural College of South Carolina or a committee thereof as evidence that 
the tax has been paid. Nothing contained in this section shall apply to 
fertilizers passing through the State, nor restrict or avoid sales of acid phos- 
phate, cottonseed meal or other fertilizer materials to each other by importers, 
manufacturers or manipulators who mix fertilizers for sale and have regis- 
tered their brands as provided for by this chapter. 

1942 Code § 6366; 1939 (41) 360. 

Cross reference. — As to privilege tax on tees of Clemson Agricultural College, see 
fertilizer subject to order of board of trus- § 22-213. 

§3-567. Inspection tax tags or stamps; cancellation; resale; duty of certain 
carriers. 

The board of trustees of the College or their agents shall issue inspection 

213 



§3-571 Code of Laws of South Carolina §3-573 

tax tags or stamps for such persons engaged in the manufacture or sale of 
commercial fertilizer in this State as shall present receipts or other evidence 
from the State Treasurer that sufficient funds have been paid into the State 
Treasury to cover such issue. And such persons shall cancel all stamps or 
tags used, as evidence that said inspection tax had been paid, by stamping 
such tags or stamps with the name and address of the person selling, offering 
for sale or shipping the fertilizer or fertilizer materials and the date of ship- 
ment or delivery of such fertilizer. Any person selling inspection tax tags 
previously purchased by him shall notify the board of trustees or its duly 
authorized agent within five days after delivery, giving name, address of pur- 
chaser, number of tags and the serial numbers appearing on the tags. No 
railroad or common carrier shall receive for shipment or delivery from any 
person any commercial fertilizer or fertilizer materials with tags or stamps 
bearing date of cancellation thirty or more days prior to delivery for ship- 
ment. 

1942 Code § 6370; 1939 (41) 360. 

Article 6. 
Penalties, Suits, etc. 

§ 3-571. Penalties for deficiency in chlorine. 

If the chlorine content of any lot of fertilizer as found by official analysis 
shall exceed the maximum percentage by more than twenty-five per cent of 
the guaranteed amount and not more than fifty per cent, the person guar- 
anteeing the registration, or his agent, shall be liable for a penalty of ten 
per cent of the value of the lot of fertilizer from which the sample was taken. 
If the excess of chlorine is more than fifty per cent and not more than one 
hundred per cent, the penalty shall be twenty per cent of the value and, if 
the excess is more than one hundred per cent, the penalty shall be fifty per 
cent of the value of the lot of fertilizer from which the sample was taken. 
All penalties assessed under this section shall be paid to the purchaser or 
consumer of the lot of fertilizer represented by the sample analyzed. 

1942 Code § 6374; 1939 (41) 360. 

§ 3-572. Penalty for deficiency in basicity. 

Should the basicity equivalent of calcium carbonate of any sample of ferti- 
lizer be found, upon analysis, to be deficient more than fifty pounds per ton 
from the guarantee, a penalty of fifty cents per ton for each fifty pounds de- 
ficiency of calcium carbonate or fraction thereof shall be assessed and paid 
as outlined in §§ 3-577 to 3-581. 

1942 Code § 6374; 1939 (41) 360. 

§ 3-573. Excess in sulphur content of tobacco fertilizer. 

Should the sulphur content of any tobacco fertilizer exceed the guaranteed 
maximum by more than one whole per cent, a penalty of fifty cents per ton 

214 



§ 3-574 Agriculture § 3-577 

for each additional one-half whole per cent, or fraction thereof, shall be as- 
sessed and paid as outlined in §§ 3-577 to 3-581. 
1942 Code § 6374; 1939 (41) 360. 

§ 3-574. Other deficiencies. 

If any plant food, element or compound shall fall short more than ten per 
cent of the guaranteed analysis and no other penalty is provided in this chap- 
ter for such deficiency, a penalty of fifty cents per ton for each ten per cent 
shortage shall be assessed. 

1942 Code § 6374; 1939 (41) 360. 

§3-575. Packages; weights; penalties for deficiency in weight. 

All fertilizers or fertilizer materials sold or offered for sale or use within 
this State shall be in a package containing one hundred or two hundred 
pounds each, except as provided in §§ 3-532 and 3-548. But this section shall 
not apply to foreign imported goods in original packages. The weight of 
the package of fertilizers shall be ascertained at the time of delivery to the 
purchaser in the presence of at least two disinterested witnesses, one chosen 
by the purchaser and one by the seller, and the purchaser shall within five 
days thereafter notify the seller to make good any deficiency and pay to the 
purchaser a penalty equal to four times the value of the actual shortage and, 
upon failure of the seller to do so within twenty days thereafter, he shall pay 
a penalty equal to the value of the goods. Such penalty shall be recoverable 
by the State, one-half of the penalty so recovered to be paid to the purchaser 
in the case of a sale and the other half to be paid into the State Treasury, 
subject to the order of the board of trustees of The Clemson Agricul- 
tural College of South Carolina. If such seller shall refuse, decline or ne- 
glect to choose a witness as herein prescribed after having been notified or 
requested to do so, then he shall forfeit his right to do so and the purchaser 
shall select two witnesses who shall in turn select a third and they shall pro- 
ceed to ascertain such weight. 

1942 Code § 6375; 1939 (41) 360. 

§ 3-576. Publication of relative values of various ingredients of fertilizer. 

On or before the first day of January in each year, the board of trustees of 
the College shall publish the relative value per pound and per unit of the 
various ingredients of a complete fertilizer; viz.: nitrogen, available phos- 
phoric acid and potash soluble in water. They shall furnish the same to any 
person engaged in the manufacture or sale of commercial fertilizers in this 
State upon application therefor. Such valuation shall be the guide by which 
the person selling fertilizer shall estimate the value thereof for the next suc- 
ceeding twelve months. 

1942 Code § 6373; 1939 (41) 360. 

§ 3-577. Liability to purchasers of fertilizers short on guaranteed value. 

Any vendor or manufacturer of commercial fertilizers, manures or cotton- 
seed meal whose goods shall fall short in commercial value as guaranteed 

215 



§ 3-578 Code of Laws of South Carolina § 3-578 

by the analysis appearing on the sack, tag or vessel holding the same when 
delivered to the consumer shall be liable to the consumer for the same per 
cent in selling price as the goods have fallen short in per cent of the com- 
mercial value found upon analysis of the goods ; provided, that 

(1) If the fertilizers or fertilizer materials fall short ten per cent of the 
commercial value guaranteed by the analysis appearing on the sack, tag or 
vessel holding the same when delivered to the consumer, the seller or manu- 
facturer shall then be liable to the consumer for one-third of the selling value 
thereof, such amount to be deducted from the amount of the consumer's in- 
debtedness and, if the consumer has paid for the goods, then the consumer can 
collect the same from the seller or manufacturer by due process of law : 

(2) If any of the ingredients constituting any brand of fertilizer, fertilizer 
materials or cottonseed meal sold in this State vary from the guaranteed 
analysis appearing on the sack, tag or vessel holding same more than the 
tolerances hereinafter stated, the manufacturer or seller shall be liable to 
the consumer for four times the commercial value of the entire deficiency 
in available phosphoric acid or potash as found by analysis and three times 
the commercial value of the entire deficiency in nitrogen as found upon 
analysis of the goods, to be deducted from the consumer's indebtedness, 
and if the consumer has paid for the goods then the consumer can collect 
the same from the seller or manufacturer by due process of law; the penalty 
herein provided for shall apply to each ingredient, respectively, that may 
fall short as the following: 

(a) in available phosphoric acid, forty points (which shall mean four- 
tenths of one unit) on goods guaranteed up to and including ten per cent or 
fifty points (which shall mean five-tenths of one unit) on goods guaranteed 
over ten per cent of available phosphoric acid ; 

(b) in nitrogen or potash, fifteen points (which shall mean fifteen one- 
hundredths of one unit) on goods guaranteed up to two per cent inclusive, 
thirty points (which shall mean thirty one-hundredths of one unit) on goods 
guaranteed above two and including three per cent, thirty-five points (which 
shall mean thirty-five one-hundredths of one unit) on goods guaranteed 
four per cent, forty points (which shall mean four-tenths of one unit) on 
goods guaranteed above four per cent up to and including eight per cent and 
fifty points on goods guaranteed over eight per cent ; and 

(3) The seller of any fertilizer or fertilizer material falling short of the 
per cent of ingredients at which the same may be billed or charged shall be 
subject to a penalty of at least three times the value of the difference there- 
of, to be recovered in any court of competent jurisdiction by the purchaser, 
and if the purchaser be a dealer in such materials and has sold to consumers 
he shall disburse penalties pro rata to such consumers to whom he sold the 
same ; but this provision shall not apply to mixed fertilizers or to cottonseed 
meal. 

1942 Code § 6373; 1939 (41) 360. 

§ 3-578. Who entitled to penalty. 

All penalties herein imposed for deficiencies in guaranteed analysis of any 

216 



§ 3-579 Agriculture § 3-581 

fertilizer, fertilizer material or cottonseed meal shall be entirely for the 
benefit of the ultimate consumer of such fertilizer, fertilizer material or cot- 
tonseed meal and no such penalty or part thereof, except as authorized by 
§ 3-579, shall accrue to any dealer in fertilizer, fertilizer material, or cotton- 
seed meal. 

1942 Code § 6373; 1939 (41) 360. 

§ 3-579. How penalty distributed. 

Upon the assessment of a fine or penalty by the board of trustees of The 
Clemson Agricultural College of South Carolina or a committee thereof, or 
by judgment in an action at law as herein provided, the net total of such fine 
or judgment shall be paid over to the dealer who sold or offered for sale such 
deficient fertilizer, fertilizer material or cottonseed meal. Such dealer shall 
within thirty days thereafter distribute pro rata ninety per cent of such pen- 
alty, fine or judgment to the consumers to whom such goods as shall have 
been found deficient were sold, the dealer retaining ten per cent of such pen- 
alty, fine or judgment for his services. But nothing herein contained shall 
relieve any manufacturer, manipulator or mixer who shall have sold his goods 
direct to the consumer from paying over to such consumer the full amount 
of any fine, penalty or judgment which may have been imposed or found on 
account of any deficiency in guaranteed analysis, and when, after due search 
and diligence, not over sixty days after the analysis is reported, it is found to 
be impossible for the dealer to furnish the names, addresses and amounts 
purchased by each of the consumers of any deficient goods, thereby making it 
impossible to refund the amount due to such consumers, the manufacturer 
whose goods have been found deficient shall pay the total refund to the State 
Treasurer by sending it to the board of trustees of The Clemson Agricul- 
tural College of South Carolina or its duly authorized agent, Clemson, South 
Carolina, the proceeds to be credited to the account of the College fertilizer 
fund. 

1942 Code § 6373; 1939 (41) 360. 

§ 3-580. Penalty for failure to distribute. 

Any dealer who receives such fines, penalty or judgment and who shall 
refuse or neglect to accept and distribute any such penalties or judgment 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined 
not more than one hundred dollars or imprisoned not exceeding ten days, or 
both, in the discretion of any court of competent jurisdiction. 

1942 Code § 6373; 1939 (41) 360. 

§ 3-581. Evidence of distribution. 

As evidence of the distribution of such penalty, fine or judgment to the ul- 
timate consumer such dealer shall furnish receipts or other evidence of such 
distribution to the board of trustees of the College or its duly authorized 
agent. 

1942 Code § 6373; 1939 (41) 360. 

217 



§ 3-582 Code of Laws of South Carolina § 3-585 

§ 3-582. Actions to recover fines and penalties. 

The State may maintain an action in an)' court of competent jurisdiction 
against the vendor or owner of any fertilizer, fertilizer material or cottonseed 
meal sold in this State, offered or exposed for sale in this State or shipped 
or transported within or into the State in violation of law to recover the 
fines and penalties due for the illegal sale, shipment or transportation thereof 
regardless of the domicile or place of residence of such owner or vendor and 
shall have a lien upon such fertilizer, fertilizer material and cottonseed meal, 
as well as upon any and all other fertilizers, fertilizer material and cottonseed 
meal to be found within the State belonging to the offending party or parties, 
to secure the payment of such fines or penalties and costs and expense of such 
action. Such lien shall be enforced by attachment of such fertilizer, fertilizer 
materials and cottonseed meal under a writ of attachment to be issued 
in accordance with the practice prescribed in §§ 10-901 to 10-956, except that no 
security as recmired of other plaintiffs by § 15-132 need be given by the State in 
such action. 

1942 Code § 6377; 1939 (41) 360. 

Cross reference. — As to grounds for at- 
tachment generally, see § 10-901. 

§ 3-583. Seller as agent for out-of-state manufacturer. 

Any seller of commercial fertilizers manufactured outside this State shall 
be taken and deemed to be an agent of the manufacturer of such fertilizer 
for the purpose of the service of process and of such papers as may be nec- 
essary in the commencement of any action or suit in any court of competent 
jurisdiction authorized under this chapter. 

1942 Code § 6377; 1939 (41) 360. 

§ 3-584. Sale of fertilizer after judgment. 

If there be judgment in favor of the State as plaintiff in such action and 
the fertilizers, fertilizer material and cottonseed meal shall be ordered sold 
under execution to satisfy such judgment, an inspector shall, under direction 
of the board of trustees of The Clemson Agricultural College of South 
Carolina, prior to the sale, draw proper samples from such fertilizer, fertilizer 
material and cottonseed meal and cause the same to be analyzed by the chem- 
ist of said College, or under his direction, and shall affix to the package there- 
of the inspection tags and brand a statement of the result of such analysis 
on each package as required by this chapter so that the purchaser at the 
sheriff's or constable's sale may purchase such fertilizer, fertilizer material 
and cottonseed meal under a fully guaranteed analysis as provided by law. 

1942 Code § 6377; 1939 (41) 360. 

§ 3-585. Remission of penalty. 

The board of trustees of the College may remit, in whole or in part, upon 
payment of the expenses incident to an investigation, any penalty herein 
provided for, except the penalties provided for the deficiency in analysis, 
when the offending person is able to show that its violation of this chapter 

218 



§3-586 



Agriculture 



§ 3-586 



was beyond its reasonable ability to prevent. Such remission of penalty by 
the board shall be on such condition as to it may seem equitable and fair. 
1942 Code § 6377; 1939 (41) 360. 

§ 3-586. Penalty for certain violations of chapter. 

Every person who shall (a) sell, offer for sale or transport in this State 
any commercial fertilizer or fertilizer material without its being properly 
branded or having attached thereto such labels and tags as are required by 
law, (b) use or permit to be used the required label or tag for a second time, 
or (c) receive any such fertilizer shall forfeit to the State a sum equal to the 
selling price of each separate package sold, offered for sale or received, to 
be recovered by suit brought in the name of the State in any court of compe- 
tent jurisdiction. Such forfeitures, when collected, shall be paid to the State 
Treasurer, who shall hold the same subject to the order of the board of 
trustees of The Clemson Agricultural College of South Carolina. The pen- 
alty prescribed by this section shall apply also to any misbranded fertilizer, 
a fertilizer being deemed to be misbranded if it carries any false or misleading 
statement upon or attached to the package. 

1942 Code § 6376; 1939 (41) 360. 



CHAPTER 6. 
Commercial Feeding Stuffs. 



Article 1. 
General Provisions. 

Sec. 

3-601. Definition of "concentrated commer- 
cial feeding stuffs." 

3-602. Unmixed crushed ear corn a com- 
mercial feeding stuff. 

3-603. Certain sales and mixtures unlawful. 

3-604. Unlawful to sell any compound of 
crushed ear corn. 

3-605. Seeds not to he treated with poisons 
if destined for manufacture into 
feed stuffs. 

3-606. Sales to manufacturers, etc., ex- 
cepted. 

3-607. Standard weights of bags and pack- 
ages. 

3-608. Regulations of Commissioner. 

3-609. Rules and regulations as to grading. 

Article 2. 
Registration. 

3-611. Statement and sample to be filed. 

3-612. If manufacturer files statement seller 
need not. 

3-613. Refusal or cancellation of registra- 
tion. 



ec. 

-621. 



3-622. 



623. 
624. 



Article 3. 
Labeling. 

Labeling of concentrated commercial 

feeds. 
Labels not to be fastened to bag by 

metal holders. 
Cards for sales in bulk. 
How percentages determined. 



Article 4. 
Samples and Analysis. 

3-631. Commissioner may inspect and take 
samples. 

3-632. Analysis of samples; how samples 
taken. 

3-633. Ingredients of mixed feeds to be 
shown in analysis. 

3-634. Publication of results of analysis. 

3-635. Obstructing inspection of feed stuffs. 

3-636. Analysts and inspectors. 

3-637. Certificate of analyst prima facie evi- 
dence. 

Article 5. 

Inspection Tax; Stamps or Reports 
in Lieu Thereof. 

3-641. Requirement of tax and stamps. 



219 



§3-601 



Code of Laws of South Carolina 



§ 3-603 



Sec. 

3-642 

3-643 



3-644. 



Redemption of unused stamps. 
Certain sales without stamps unlaw- 
ful. 
Permit to report and pay inspection 
fee in lieu of using stamps. 
3-645. Form of report; when due. 
3-646. Failure to file and pay on time. 
3-647. Disposition of fees. 

Article 6. 

Enforcement of Articles 1 to 6 
of Chapter. 

Commissioner may suspend sales of 
feeding stuffs. 
3-654. Forfeiture for violation of § 3-603. 

How sales made. 

When seized foodstuffs may be re- 
leased. 



3-653. 



3-655 
3-656 



Sec. 

3-657. Commissioner to notify dealer and 
solicitor of violation; prosecution. 

3-658. Penalty for violation. 

3-659. Use of fines. 

3-660. Appropriation for enforcing provi- 
sions; payment of expenses. 

Article 7. 
Stock or Poultry Preparations. 

3-671. Prerequisites to 3ale of patent stock 
or poultry preparations, etc. 

3-672. Change of labeling and claims. 

3-673. Registration fee. 

3-674. Penalties. 

3-675. Commissioner to enforce article. 

3-676. Solicitors to prosecute. 

3-677. Condimental feedstuff s fund; dis- 
bursements. 

3-678. Purpose of article. 



Article 1. 

General Provisions. 

§ 3-601. Definition of "concentrated commercial feeding stuffs." 

The term "concentrated commercial feeding stuffs" shall be held to include 
all feeds used for live stock and poultry, except (1) whole hays, straw, cotton- 
seed hulls and corn stover, when the same are not mixed with other materials 
and (2) the unmixed whole seeds or grains of cereals when not mixed with 
other materials and when not in such damaged condition as to be unfit for feed 
purposes as determined by inspection. 

1942 Code § 6588; 1932 Code § 6588; Civ. C. '22 § 3498; Civ. C. '12 § 2421; 1910 (26) 613. 

§ 3-602. Unmixed crushed ear corn a commercial feeding stuff. 

Crushed or ground ear corn when sold by itself is a concentrated commer- 
cial feeding stuff and the sale thereof within this State shall be governed by 
the provisions of articles 1 to 6 of this chapter and the rules and regulations 
prescribed by the Commissioner of Agriculture, except that said provisions 
shall not apply to manufacturers in this State if the amount of corncobs 
present shall not exceed the amount derived from crushing or grinding the 
whole ear corn. 

1942 Code § 6593-1; 1932 Code § 1367; Cr. C. '22 § 267; Cr. C. '12 § 480; 1910 (36) 613; 
1922 (32) 843; 1936 (39) 1615; 1941 (42) 119. 



§ 3-603. Certain sales and mixtures unlawful. 

It shall be unlawful for any manufacturer, importer, jobber, agent or dealer 
to: 

(1) Sell or offer or expose for sale or distribution in this State any concen- 
trated commercial feeding stuff without complying with the requirements of 
articles 1 to 6 of this chapter. 

(2) Sell or offer or expose for sale or distribution any concentrated com- 

220 



§ 3-604 Agriculture § 3-607 

mercial feeding stuff which contains substantially a smaller percentage of 
crude protein, crude fat or carbohydrates or a larger percentage of crude 
fiber than certified to be contained ; 

(3) Mix or adulterate any concentrated commercial feeding stuffs with 
foreign, mineral or other substance or substances, such as rice chaff or hulls, 
ground or crushed corncobs or similar materials of little or no feeding value, 
or with substances injurious to the health of domestic animals ; or 

(4) Sell or offer or expose for sale any concentrated commercial feeding 
stuff so mixed or adulterated. 

1942 Code §6597-1; 1932 Code §1368; Cr. C. '22 §268; Cr. C. '12 § 4S1 ; 1906 (25) 101; 
1910 (26) 613; 1920 (31) 853; 1923 (33) 93. 

§ 3-604. Unlawful to sell any compound of crushed ear corn. 

It shall be unlawful to sell or offer or expose for sale any mixed or com- 
pounded commercial feeding stuff containing as an ingredient crushed or 
ground ear corn unless the person so doing is a manufacturer in this State 
and the amount of corncobs present do not exceed the amount derived from 
crushing or grinding the whole ear corn ; provided, that nothing herein shall 
prevent the sale of crushed or ground ear corn by itself and not mixed with 
any other substance. 

1942 Code § 6593-1; 1932 Code § 1367; Cr. C. '22 § 267; Cr. C. '12 § 480; 1910 (26) 613; 
1922 (32) 843; 1936 (39) 1615; 1941 (42) 119. 

§ 3-605. Seeds not to be treated with poisons if destined for manufacture into 
feed stuffs. 

It shall be unlawful for any person to offer for sale any seeds which have 
been treated with poisons if destined to be manufactured into feed stuffs. 

1942 Code § 6602-1; 1937 (40) 532. 

§ 3-606. Sales to manufacturers, etc., excepted. 

Nothing in articles 1 to 6 of this chapter shall apply to the sale of concen- 
trated commercial feeding stuff in bulk to each other by importers, manu- 
facturers or manipulators who mix concentrated commercial feeding stuff j'-y 
for sale. But such importers, manufacturers and manipulators shall attach 
to such feeding stuff a tag stating that it is to be used for mixing purposes 
only and this tag shall give : 

( 1 ) The number of pounds in bulk or package ; 

(2) The name of the manufacturer ; and 

(3) The name of the stuff and its analysis, showing crude protein, crude 
fat and crude fiber. 

A duplicate of such tag shall be sent to the Commissioner of Agriculture 

together with a request for inspection. The Commissioner may prescribe 

the form of such tags. 

1942 Code §6592; 1932 Code §6592; Civ. C. '22 §3502; Civ C. "12 §2425; 1910 (26) 613; 
1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815. 



/L2- 



§ 3-607. Standard weights of bags and packages 

feed 
221 



All such concentrated commercial feeding stuffs shall be in standard weight 



§ 3-608 Code of Laws of South Carolina § 3-613 

bags or packages of twenty-five, fifty, seventy-five, one hundred, one hundred 

twenty-five, one hundred fifty, one hundred seventy-five or two hundred 

pounds. 

1942 Code § 6587; 1932 Code § 6S87; Civ. C. '22 § 3497; Civ. C. '12 § 2420; 1910 (26) 613; 
1936 (39) 1S92. 

§ 3-608. Regulations of Commissioner. 

The Commissioner of Agriculture shall from time to time prescribe and 

publish rules and regulations for carrying out the provisions of articles 1 to 

6 of this chapter. 

1942 Code §6596; 1932 Code §6596; Civ. C. '22 §3506; Civ. C. '12 §2429; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

Cross reference. — For rules and regula- ture Commissioner, in Volume 7 of this 
tions promulgated under authority of this Code. 
section, see Rules and Regulations, Agricul- 

§ 3-609. Rules and regulations as to grading. 

The Commissioner of Agriculture may prescribe rules and regulations gov- 
erning the grading of any and all concentrated commercial feeding stuffs. 

1942 Code § 6597; 1932 Code § 6597; Civ. C. '22 § 3507; Civ. C. '12 § 2430; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

Article 2. 

Registration. 

§ 3-611. Statement and sample to be filed. 

Each manufacturer, importer, jobber, agent or seller before selling or offer- 
ing or exposing for sale in this State any concentrated commercial feeding 
stuff shall, for each and every feeding stuff bearing a distinct name or trade- 
mark, file for registration with the Commissioner of Agriculture a copy of 
the statement required in § 3-621 and accompany the statement, on request, 
by a sealed glass jar or bottle containing at least one pound of such feeding 
stuff to be sold, exposed or offered for sale. The sample shall correspond 
within reasonable limits to the feeding stuff which it represents in the per- 
centages of crude protein, crude fat and crude fiber which it contains. 

1942 Code § 6589; 1932 Code § 6589; Civ. C. '22 § 3499; Civ. C. '12 § 2422; 1910 (26) 613; 
1936 (39) 1592, 1615; 1941 (42) 119. 

§ 3-612. If manufacturer files statement seller need not. 

Whenever a manufacturer, importer or jobber of any concentrated com- 
mercial feeding stuff shall have filed a statement, as required by § 3-611, 
no agent or seller of such manufacturer, importer or jobber shall be required 
to file such statement. 

1942 Code § 6590; 1932 Code § 6590; Civ. C. '22 § 3500; Civ. C. '12 § 2423; 1910 (26) 613. 

§ 3-613. Refusal or cancellation of registration. 

The Commissioner of Agriculture may refuse the registration of any con- 
centrated commercial feeding stuff under a name which would be misleading 
as to the materials of which it is composed or when the names of all ingredi- 
ents of which it is composed are not stated. Should any concentrated com- 
mercial feeding stuff be registered and it is afterwards discovered that it 

??? 



§ 3-621 Agriculture § 3-624 

does not comply with the provisions of articles 1 to 6 of this chapter, the 

Commissioner may cancel such registration. 

1942 Code § 6591; 1932 Code § 6591; Civ. C. '22 § 3501; Civ. C. '12 § 2424; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

Article 3. 

Labeling. 

§ 3-621. Labeling of concentrated commercial feeds. 

Every lot or parcel of concentrated commercial feeding stuff sold or offered 
or exposed for sale within this State shall have affixed thereto or printed 
thereon in a conspicuous place on the outside thereof a legible and plainly 
printed statement in the English language clearly and truly certifying: 

( 1 ) The weight of the package ; 

(2) The name, brand or trademark under which the article is sold ; 

(3) The name and address of the manufacturer, jobber or importer ; 

(4) The name of each and all ingredients of which the article is composed ; 
and 

\S) A statement of the maximum percentage it contains of crude fiber, of 

crude fat and of crude protein. 

1942 Code § 6587; 1932 Code § 6587; Civ. C. '22 § 3497; Civ. C. '12 § 2420; 1910 (26) 
613; 1936 (39) 1592. 

§ 3-622. Labels not to be fastened to bag by metal holders. 

No tags, cards or descriptive matter shall be fastened by metal holders to 

bags containing commercial feed stuff, including sacked cotton seed meal and 

hulls. 

1942 Code § 6592; 1932 Code § 6592; Civ. C. '22 § 3502; Civ. C. '12 § 2425; 1910 (26) 613; 
1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815. 

§ 3-623. Cards for sales in bulk. 

Whenever any concentrated commercial feeding stuff is kept for sale in 
bulk, stored in bins or otherwise, the manufacturer, dealer, jobber or im- 
porter keeping the same for sale shall keep cards of proper size upon which 
the statement required by § 3-621 shall be plainly printed ; and, if the feed- 
ing stuff is sold at retail in bulk or if it is put up in packages belonging to 
the purchaser, the manufacturer, dealer, jobber or importer shall furnish 
the purchaser with one of the cards upon which is printed the statement re- 
quired by § 3-621, together with sufficient tax stamps to cover the same. 

1942 Code § 6592; 1932 Code § 6592; Civ. C. '22 § 3502; Civ. C. '12 § 2425; 1910 (26) 613; 
1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815. 

§ 3-624. How percentages determined. 

The percentages of crude fiber, crude fat and crude protein required to 

be stated under the provisions of § 3-621 shall be determined by the methods 

in use at the time by The Association of Official Agricultural Chemists of the 

United States. 

1942 Code § 6587; 1932 Code § 6587; Civ. C. '22 § 3497; Civ. C. '12 § 2420; 1910 (26) 613; 
1936 (39) 1592. 

223 



§ 3-631 Code of Laws of South Carolina § 3-634 

Article 4. 

Samples and Analysis. 

§ 3-631. Commissioner may inspect and take samples. 

The Commissioner of Agriculture, together with his deputies, agents and 
assistants, shall have free access to all places of business, mills, buildings, 
vehicles, cars, vessels and packages of whatsoever kind used in the manufac- 
ture, importation or sale of any concentrated commercial feeding stuff and 
may open any package containing or supposed to contain any concentrated 
commercial feeding stuff; and upon tender and full payment of the selling 
price of samples, take therefrom, in the manner hereinafter prescribed, samples 
for analysis. 

1942 Code § 6595; 1932 Code § 6595; Civ. C. '22 § 3505; Civ. C. '12 § 2428; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-632. Analysis of samples ; how samples taken. 

The Commissioner of Agriculture shall annually cause to be analyzed at least 
one sample so taken of every concentrated commercial feeding stuff that is 
found, sold or offered or exposed for sale in this State under the provisions of 
articles 1 to 6 of this chapter. The samples, not less than one pound in weight, 
shall be taken from not less than ten bags or packages or, if there be less than 
ten bags or packages, then from each bag or package, if it be in bag or package 
form, or, if such feeding stuff be in bulk, then from ten different places of the 
lot. 

1942 Code § 6595; 1932 Code § 6595; Civ. C. '22 § 3505; Civ. C. '12 § 2428; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-633. Ingredients of mixed feeds to be shown in analysis. 

In addition to other matters now required by law or by the rules of the 
Commissioner of Agriculture in the analyses of all mixed feed sold within 
the State, there shall be included in such analyses a showing in full of each 
ingredient contained therein. 

1942 Code § 6601; 1932 Code § 6601; Civ. C. '22 § 3511; 1920 (31) 1107; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-634. Publication of results of analysis. 

The Commissioner may publish from time to time in reports or bulletins 
the results of the analyses of such samples, together with such additional 
information as circumstances advise; provided, however, that if such a sample 
as analyzed by the Commissioner differs from the statement prescribed in 
§ 3-621, then at least thirty days before publishing the results of such analysis 
the Commissioner shall give written notice of such results to the manufacturer, 
importer, agent or jobber of such stock, if the name and address of such manu- 
facturer, jobber or importer be known : and provided, further, that if the 
analysis of any such sample does not differ substantially from the statement 
prescribed by § 3-621, appearing upon the goods, the manufacturer may be 

224 



§ 3-635 Agriculture § 3-641 

considered as having complied with the requirements of articles 1 to 6 of this 

chapter. 

1942 Code § 6S95; 1932 Code § 6595; Civ. C. '22 § 3505; Civ. C. '12 § 2428; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-635. Obstructing inspection of feed stuffs. 

Anj' manufacturer, importer, jobber or dealer who refuses to comply with 
the requirements of the provisions of articles 1 to 6 of this chapter or any 
manufacturer, importer, jobber or person who shall impede, obstruct, hinder 
or otherwise prevent or attempt to prevent any chemist, inspector or other 
authorized agent in the performance of his duty in connection with the pro- 
visions of said articles shall be guilty of a violation of the provisions of 
said articles. 

1942 Code § 6597-3; 1932 Code § 1370; Cr. C. '22 § 270; Cr. C. '12 § 483; 1906 (25) 101; 
1910 (26) 613. 

§ 3-636. Analysts and inspectors. 

The Commissioner of Agriculture shall appoint such analysts, chemists 
and inspectors as may be required to carry out the provisions of articles 1 
to 6 of this chapter and any part of the labor of analysts and chemists, upon 
request of the Commissioner, shall be performed by the South Carolina Ex- 
periment Station, with such compensation therefor as may be approved by the 
Commissioner. 

1942 Code § 6600; 1932 Code § 6600; Civ. C. '22 § 3510; Civ. C. '12 § 2433; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-637. Certificate of analyst prima facie evidence. 

In all prosecutions in the courts of this State arising under the provisions 
of articles 1 to 6 of this chapter, and the rules and regulations made in ac- 
cordance therewith, the certificate of the analyst or other officer making the 
analysis or examination when duly sworn to and subscribed by such analyst 
or officer shall be prima facie evidence of the facts therein certified. 

1942 Code § 6598-1; 1932 Code § 1372; Cr. C. '22 § 272; Cr. C. '12 § 485; 1906 (25) 101; 
1510 (26) 613. 

Article 5. 
Inspection Tax; Stamps or Reports in Lieu Thereof. 

§ 3-641. Requirement of tax and stamps. 

Each manufacturer, importer, jobber, agent or seller of any concentrated 
commercial feeding stuff shall pay to the Commissioner of Agriculture, who 
shall deposit the same in the State Treasury on or before the tenth day of 
each month as other funds, an inspection tax of twenty-five cents per ton for 
each ton of such commercial feeding stuff sold, offered or exposed for sale 
or distributed in this State. Each such person shall also affix to or accom- 
pany each car shipped in bulk and affix to each bag, barrel or other package 
of such concentrated commercial feeding stuff a stamp to be furnished by the 
Commissioner, stating that all charges specified in this section have been 
[ISC Code] — 15 225 



§ 3-642 Code of Laws of South Carolina § 3-644 

paid ; provided, that the inspection tax of twenty-five cents per ton shall 
not apply to whole seeds and grains when not mixed with other seeds or 
materials. 

1942 Code § 6592; 1932 Code § 6592; Civ. C. '22 § 3502; Civ. C. '12 § 2425; 1910 (26) 
613; 1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815. 

§ 3-642. Redemption of unused stamps. 

Upon demand any such inspection stamps shall be redeemed by the De- 
partment issuing them upon surrender of the same, accompanied by an 
affidavit that they have not been used. 

1942 Code § 6592; 1932 Code § 6592; Civ. C. '22 § 3502; Civ. C. '12 § 2425; 1910 (26) 
613; 1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 19-58 (45) 1815. 

§ 3-643. Certain sales without stamps unlawful. 

It shall be unlawful for any manufacturer, importer, jobber, agent or deal- 
er to sell, offer or expose for sale or distribute in this State any concentrated 
commercial feeding stuff without having attached thereto or furnished there- 
with such tax stamps as are required by the provisions of articles 1 to 6 of 
this chapter, to use the required tax stamps a second time to avoid the 
payment of the tonnage tax or to counterfeit or use a counterfeit of such tax 
stamps. 

1942 Code § 6597-2; 1932 Code § 1369; Cr. C. '22 § 269; Cr. C. '12 § 482; 1906 (25) 101; 
1910 (26) 613. 

§ 3-644. Permit to report and pay inspection fee in lieu of using stamps. 

Any manufacturer, importer, jobber, or other person may make application 
to the Commissioner of Agriculture for a permit to report tonnage of feeding 
stuffs and oil seed meals and pay the inspection fee of twenty-five cents per 
ton as herein mentioned on the basis of such report, in lieu of affixing or 
furnishing inspection fee stamps. The Commissioner of Agriculture may, in 
his discretion, grant the permit. All permits shall be conditioned on the ap- 
plicant (1) agreeing to keep such records as may be necessary to indicate 
accurately the tonnage and kinds of commercial feeding stuffs or oil seed 
meals sold and as are satisfactory to the Commissioner and (2) granting 
the Commissioner or his duly authorized representative permission to ex- 
amine such records and verify the statements of tonnage. In order to guar- 
antee the faithful performance of the provisions hereof each such manu- 
facturer, importer, jobber or other person requesting the privilege of using 
the reporting provisions for paying the inspection fee shall, before being 
granted such permit, deposit with the Commissioner cash in the amount of 
not less than five hundred dollars or securities acceptable to the Commissioner 
of equal value or shall post with the Commissioner a surety bond in like 
amount, executed by some corporate surety company authorized to do busi- 
ness in this State. The Commissioner shall approve all such securities and 
bonds before acceptance. 

1948 (45) 1815, 

226 1 1 SC Code J 



§ 3-645 Agriculture § 3-654 

§ 3-645. Form of report ; when due. 

The report shall be under oath, on forms furnished by the Commissioner, 
and shall be filed in the office of the Commissioner. The report of tonnage 
and inspection fees shall be due and payable monthly, on the tenth of each 
month, covering the tonnage and kind of commercial feeding stuffs or oil 
seed meals sold during the past month. 

1948 (45) 1815. 

§ 3-646. Failure to file and pay on time. 

If the report is not filed and the inspection fee paid by the twentieth day 
following the due date or if the report of tonnage be false the Commissioner 
may revoke the permit. If the inspection fee be unpaid after the twenty-day 
grace period the amount due shall bear a damage of ten per cent and become 
a debt against the securities or bonds hereinbefore referred to. Failure to 
file reports and pay the inspection fees as above prescribed shall constitute 
sufficient cause for cancellation of all registrations filed by such manufac- 
turer, importer, jobber or other person and no further registrations shall 
be accepted from him until said past due reports shall have been filed and in- 
spection fees, plus the ten per cent damage, shall have been paid in full. 

1948 (45) 1815. 

§ 3-647. Disposition of fees. 

All fees collected under the provisions of this chapter shall be paid into 

the State Treasury on or before the tenth day of each month. 

1942 Code §6599; 1932 Code §6599; Civ. C. '22 §3509; Civ. C. '12 §2432; 1910 (26) 613; 
1915 (29) 142; 1936 (39) 1615; 1941 (42) 119. 

Article 6. 
Enforcement of Articles 1 to 6 of Chapter. 

§ 3-653. Commissioner may suspend sales of feeding stuffs. 

If at any time the Commissioner of Agriculture, or his duly authorized 

representative, shall have reason to believe that any feeding stuff offered or 

exposed for sale in this State does not comply with the requirements of 

articles 1 to 6 of this chapter as to the ingredients or substances of the same, 

he shall by written order suspend the sale of the same until he shall have 

satisfied himself that such feeding stuff is made up or compounded as required 

by said articles. If he shall find that such feeding stuff does not comply with 

said articles, then he is authorized to proceed with regard to it as provided in 

§§ 3-654 to 3-656. 

1942 Code § 6594; 1932 Code § 6594; Civ. C. '22 § 3504; Civ. C. '12 § 2427; 1910 (26) 613; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-654. Forfeiture for violation of § 3-603. 

If any manufacturer, importer, jobber, agent or dealer shall be guilty of a 
violation of § 3-603, the lot of feeding stuffs in question shall be seized and con- 
demned, sold or destroyed by the Commissioner, or his duly authorized repre- 

227 



§3-655 Code of Laws of South Carolina §3-658 

sentative. and the proceeds from such sales shall be covered into the State 

Treasury for the use of the Department of Agriculture. 

1942 Code § 6593; 1932 Code § 6593; Civ. C. '22 § 3503; Civ. C. '12 § 2426; 1910 (26) 613; 
1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119. 

§ 3-655. How sales made. 

Such seizure and sale shall be made by the Commissioner or under the direc- 
tion of an officer of his appointment. The sale shall be made at the court- 
house door of the county in which the seizure is made ; provided, that whenever 
for sufficient reasons appearing to the Commissioner or his representath e 
aforesaid another place of sale is more convenient and more desirable, such 
place of sale may be selected. The sale shall be advertised for thirty days in 
a newspaper published in the county in which the seizure is made or if no 
newspaper be published in such county, then it shall be advertised in a news- 
paper published in the nearest county thereto having a newspaper. The ad- 
vertisement shall state the brand or name of the goods, the quantity, why 
seized and offered for sale, and the time and place of sale. 

1942 Code § 6593; 1932 Code § 6593; Civ. C. '22 § 3503; Civ. C. '12 § 2426; 1910 (26) 613; 
1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119. 

§ 3-656. When seized foodstuffs may be released. 

The Commissioner, however, may in his discretion release the feeding stuffs 
so withdrawn when the requirements of the provisions of articles 1 to 6 of 
this chapter have been complied with and upon payment of all the costs or 
expenses incurred in any proceeding connected with such seizure and with- 
drawal. 

1942 Code § 6593; 1932 Code § 6593; Civ. C. '22 § 3503: Civ. C. '12 § 2426; 1910 (26) 613; 
1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119. 

§ 3-657. Commissioner to notify dealer and solicitor of violation; prosecution. 
Whenever the Commissioner of Agriculture, or his duly authorized repre- 
sentative, becomes cognizant of any violation of the provisions of articles 1 to 
6 of this chapter he shall immediately notify in writing the manufacturer, im- 
porter, jobber or dealer, if the same be known, and after thirty days he shall 
notify the circuit solicitor who shall cause such person so violating any such 
provision to be prosecuted in the manner required by law. 

1942 Code § 6598; 1932 Code § 6598; Civ. C. '22 § 3508; Civ. C. '12 § 2431; 1910 (26) 613; 
1936(39) 1615; 1941 (42) 119. 

§ 3-658. Penalty for violation. 

Any manufacturer, importer, jobber, agent or dealer who shall violate any 
of the provisions of articles 1 to 6 of this chapter or the regulations adopted by 
the Commissioner of Agriculture, upon conviction thereof, shall be fined not 
exceeding fifty dollars for the first offense nor more than two hundred dollars 
for each subsequent offense. 

1942 Code § 6597-4; 1932 Code § 1371; Cr. C. '22 § 271; Cr. C. '12 § 484; 1906 (25) 101: 
1910 (26) 613; 1936 (39) 1615; 1941 (42) 119. 

22S 



§3-659 Agriculture §3-671 

§3-659. Use of fines. 

The proceeds from such fines shall be covered into the State Treasury for 

use of the Department of Agriculture. 

1942 Code § 6S97-4; 1932 Code § 1371; Cr. C. '22 § 271; Cr. C. '12 § 484; 1906 (25) 101; 
1910 (26) 613; 1936 (39) 1615; 1941 (42) 119. 

§ 3-660. Appropriation for enforcing provisions ; payment of expenses. 

There is hereby appropriated for the purpose of enforcing the provisions 
of articles 1 to 6 of this chapter a sum not exceeding the amount of fees and 
fines collected and moneys or proceeds derived from the seizure and sale of 
feeding stuffs under its provisions. Such expenses shall be paid by warrant of 
the Comptroller General, upon itemized bills filed by the Commissioner of Ag- 
riculture. 

1942 Code § 6599; 1932 Code § 6599; Civ. C. '22 § 3509; Civ. C. '12 § 2432; 1910 (26) 613; 
1915 (29) 142; 1936 (.39) 1615; 1941 (42) 119. 

Article 7. 

Stock or Poultry Preparations. 

§ 3-671. Prerequisites to sale of patent stock or poultry preparations, etc. 

Before any condimental, patented, proprietary or trade-marked preparation 
called a "stock or poultry tonic," "stock or poultry regulator," "stock or poul- 
try conditioner," or "stock or poultry remedy," or any similar preparation, 
regardless of how the same may be called or the specific name or title under 
which it is sold, which is represented as containing tonic, remedial or other 
medicinal properties, is sold or offered or exposed for sale in the State, the man- 
ufacturer, importer, dealer, agent or person who causes it to be sold or offered 
or exposed for sale, by sample or otherwise, within this State, shall file with 
the Commissioner of Agriculture : 

(1) A statement that he desires to offer such preparation for sale in this 
State ; 

(2) A certificate, the execution of which shall be sworn to before a notary 
public or other proper official for registration, stating: 

(a) the name of the manufacturer, 

(b) the location of the principal office of the manufacturer, and 

(c) the name, brand or trade-mark under which the preparation will be sold ; 

(3) A guaranty that 

(a) the preparation is not injurious to the health of domestic animals and 
does not conflict with the drug requirements of chapter 11 of Title 32 

(b) the name or trade-mark under which the article is sold will not mislead 
or deceive the purchaser in any way, and 

(c) any statement, design or device on the label or package regarding the 
substances contained therein shall be true and correct and any claim made 
for the feeding, condimental, tonic or medicinal value shall not be false or 
misleading in any particular ; and 

(4) A labeled package of each brand of goods, showing the claims made 
for the same. 

229 



§ 3-672 Code of Laws of South Carolina § 3-675 

1942 Code § 6603; 1932 Code § 6603; Civ. C. '22 § 3513; 1914 (28) 700; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-672. Change of labeling and claims. 

The labeling and claims filed pursuant to the preceding section shall not 

be changed during a fiscal year for which registration has been made without 

the consent of the Commissioner of Agriculture. 

1942 Code § 6603; 1932 Code § 6603; Civ. C. '22 § 3513; 1914 (28) 700; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-673. Registration fee. 

For the expense incurred in registering, inspecting and analyzing the prep- 
arations referred to in § 3-671, a registration fee of ten dollars for each sepa- 
rate brand or in lieu thereof a maximum fee of fifty dollars per annum cover- 
ing all brands made by a single manufacturer shall be paid by the manufac- 
turer or seller of the same to the Commissioner of Agriculture during the 
month of January in each year. 

1942 Code § 6604; 1932 Code § 6604; Civ. C. '22 § 3514; 1914 (28) 700; 1936 (39) 1615; 
1941 (42) 119. 

§3-674. Penalties. 

Any person who shall offer or expose for sale any package, sample or quan- 
tity of any preparation referred to in § 3-671 which has not been registered 
or which, though registered, is subsequently found by an analysis or exam- 
ination made by or under the direction of the Commissioner of Agriculture 
to contain harmful or injurious substances or to be labeled with false or 
misleading statements regarding its contents or curative properties shall be 
guilty of a misdemeanor and on conviction thereof shall be fined in the sum 
of fifty dollars for the first offense and in the sum of one hundred dollars 
for each subsequent offense. 

1942 Code § 6605; 1932 Code § 6605; Civ. C. '22 § 3515; Cr. C. '22 § 286; 1914 (28) 700; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-675. Commissioner to enforce article. 

Whenever the Commissioner of Agriculture becomes cognizant of any vio- 
lation of any of the provisions of this article he shall immediately notify in 
writing the manufacturer, importer, jobber or dealer, if the same be known. 
Any party so notified shall be given an opportunity to be heard under such 
rules and regulations as may be prescribed by the Commissioner. If it ap- 
pears that any of the provisions of this article have been violated the Com- 
missioner shall certify the facts to the solicitor in the district in which the 
sample was obtained and furnish that officer with a copy of the result of the 
analysis or other examination of the article, duly authenticated by the analyst 
or other officer making such examination under the oath of such officer. In 
all prosecutions arising under this article the certificate of the analyst or other 
officer making the analysis or examination, when duly sworn to by such 
officer, shall be prima facie evidence of the facts therein certified. 

1942 Code § 6606; 1932 Code 6606; Civ. C. '22 § 3516; 1914 (28) 700; 1936 (39) 1615; 
1941 (42) 119. 

230 



\ 



§ 3-676 Agriculture § 3-678 

§ 3-676. Solicitors to prosecute. 

Every solicitor to whom the Commissioner shall report any violation of this 
article shall cause proceedings to be commenced and prosecuted without de- 
lay for the fines and penalties in such cases prescribed. 

1942 Code § 6607; 1932 Code § 6607; Civ. C. '22 § 3517; 1914 (28) 700; 1936 (39) 1615; 
1941 (42) 119. 

§ 3-677. Condimental Feedstuff s Fund ; disbursements. 

All moneys including fines received under the provisions of this article shall 
be paid into the State Treasury on or before the tenth day of each month as 
other funds and kept as a distinct fund, to be styled the "Condimental Feed- 
stuffs Fund." The Commissioner of Agriculture may draw out of said fund, 
upon his warrants, such sums as may be necessary to pay all expenses incurred 
in connection with this article and he shall include in his report to the General 
Assembly an account of the operations and expenses under this article. 

1942 Code § 6608; 1932 Code § 6608; Civ. C. '22 § 3518; 1914 (28) 700; 1915 (29) 155; 
1936 (39) 1615; 1941 (42) 119. 

§ 3-678. Purpose of article. 

This article is designed to fully cover all preparations commonly known 
as condimental, patented, proprietary or trade-marked stock or poultry tonic, 
stock or poultry regulators, stock or poultry conditioners, stock or poultry 
remedies and all similar preparations used for tonic, regulative, remedial or 
conditional purposes, and to protect the public from deception and fraud in the 
sale of these specific products. 

1942 Code § 6609; 1932 Code § 6609; Civ. C. '22 § 3519; 1914 (28) 700. 



231 



Title 4. 
Alcohol and Alcoholic Beverages.* 



Chap. 1. The Alcoholic Beverage Control Act, §§ 4-1 to 4-117. 

2. Beer, Ale, Porter and Wine, §§ 4-201 to 4-236. 

3. Alcohol, §§ 4-301 to 4-332. 

4. Nuisances, Enforcement and Other Miscellaneous Provisions, §§ 4- 

401 to 4-423. 



CHAPTER 1. 
The Alcoholic Beverage Control Act. 



Article 1. 
General Provisions. 
Sec. 

4-1. Title of chapter. 

4-2. Definition?;. 

4-3. Alcohol and other products exempted. 

4-4. Chapter complementary to beer and 

wine laws. 
4-5. Functions vested in Tax Commission. 
4-5.1. Attorney for Commission. 
4-6. Rules and regulations of the Commis- 
sion. 
Regulations to effect equitable dis- 
tribution. 
Analysis of samples. 
Storage by Department of Agriculture 

without tax stamps. 
Hearings; subpoenas for witnesses, 
etc. 
4-11. Payment of expenses. 
4-12. Effect on existing laws, pending prose- 
cutions, etc. 

Article 2. 

Provisions Relating to Tax Com- 
mission, Its Members and 
Employees. 

4-21. Commission members, etc., not to have 

interest in liquor manufacture, etc. 
4-22. Inspectors. 



Sec. 

4-23. Other personnel. 

4-24. Office space. 

4-25. Equipment required. 

4-26. Reports. 

Article 3. 

Issue of Licenses; Bond or Deposit 
and Action Thereon. 




4-7. 

4-8. 
4-9. 

4-10. 



4-31. What licenses Commission may issue. 

4-32. Persons ineligible for licenses. 

4-33. Licenses to corporations. 

4-34. No retail licenses to Federal wholesale 
licensees. 

4-35. Only one license in a household. 

4-36. Only one license per licensee. 

4-37. Retail licenses in unincorporated com- 
munities. 

4-38. Limitation of number of retail outlets 
in a community. 

4-39. Notice of intention to apply for license. 

4-40. Notice not required for renewal. 

4-41. Application. 

4-42. Payment of tax prerequisite. 

4-43. Bond or deposit of licensee. 

4-44. Breach of condition of bond or de- 
posit. 

4-45. Action for recovery. 

4-46. Application of cash or securities to 
judgment. 

4-47. Disposition of amounts received. 

* As to constitutional provision concerning alcoholic liquor and beverages, see S. C. 
Const., Art. 8, § 11. For special instruction in schools as to the nature and effect of 
alcoholic drinks on the human system, see § 21-412. As to prohibition of liquor to military 
personnel by commanding officer, see §44-135. As to military personnel being drunk on 
duty, see § 44-167. As to prohibition against furnishing alcoholic beverages to prisoners, 
see § 55-12. As to tax on alcoholic beverages generally, see §§ 65-1251 to 65-1307. As to 
stamp taxes on beer and wine, see §§ 65-731 to 65-743. As to beer, wine and liquor taxes 
in Charleston County, see §§ 65-3411 to 65-3414. 

233 



§4-1 



Code of Laws of South Carolina 



§4-2 



Article 4. 

Expiration, Refusal, Suspension 
or Revocation of Licenses. 

Sec. 

4-51. Expiration of licenses. 

4-S2. Effect of death of licensee. 

4-53. Grounds for refusal. 

4-54. When licenses suspended or revoked. 

4-55. Same; when wholesaler interested in 
retail store. 

4-56. Same; when retailer has Federal 
wholesale license or is indebted to 
wholesaler. 

4-57. Hearing before refusal or revocation 
of license. 

4-58. Review of grant or refusal. 

4-59. Review of suspension or revocation. 

4-60. Disposition of stock when license re- 
voked. 

Article S. 
Regulation of Licensees. 

4-71. Restrictions on manufacturers. 

4-72. Maximum sale prices for wholesalers 
and retailers. 

4-73. Restrictions on wholesalers. 

4-73.1. Wholesalers not to have interest in 
other stores. 

4-74. Wholesaler's store or warehouse. 

4-75. Copies of invoices of wholesaler's pur- 
chases. 

4-76. Copies of invoices of wholesaler's 
sales. 

4-77. Wholesaler's monthly statements of 
stock on hand. 

4-78. Restrictions on retailers. 

4-79. Retail store or place of business; sign. 

4-80. Display of stock, prices, etc., in retail 
stores. 

4-81. No other business in retail stores. 

4-82. Exception for sale of wines. 

4-83. Restrictions not applicable on inter- 
state trains. 



Article 6. 
Offenses and Enforcement. 

Sec. 

4-91. Unlawful manufacture, sale or trans- 
portation, etc. 

4-92. Transportation in taxi, etc., unlawful. 

4-93. Assisting in unlawful transportation. 

4-94. Unlawful purchase. 

4-95. Unlawful possession. 

4-96. Liquor not to be kept in certain 
places. 

4-97. Maintaining club rooms for unlawful 
use of liquor. 

4-98. Employment of minor. 

4-99. Drinking on premises of liquor estab- 
lishments. 

4-100. Publicly drinking liquors in passen- 
ger car. 

4-101. Blank. 

4-102. Unlawful sales during certain days or 
emergency periods. 

4-103. Unlawful advertisements. 

4-104. Possession of firearm during unlaw- 
ful manufacture, etc. 

4-105. Refusal to permit inspection. 

4-106. Rescuing liquors from officer. 

4-107. Penalties for violations. 

4-108. Distribution of fines. 

4-109. Illegal liquor in unlawful possession 
contraband; seizure and disposi- 
tion. 

4-110. Liquor elsewhere than in licensed 
store contraband: seizure and dis- 
position. 

4-111. Unstamped liquor contraband; sei- 
zure and sale. 

4-112. Only pure liquors sold; others de- 
stroyed. 

4-113. Rejection of bid and resale. 

4-114. Disposition of proceeds of sale. 

4-115. Confiscation of chattels used in illegal 
transportation. 

4-116. Procedure for confiscation of liquor 
or chattel. 

4-117. Use of vehicles confiscated in Dor- 
chester County. 




Article 1. 
General Provisions. 



X 



§4-1. Title of chapter. 

This chapter shall be known and may be cited as "The Alcoholic Beverage 
Control Act." 

1945 (441 3i7. 

§ 4-2. Definitions. 

As used in this chapter, unless the context clearly requires otherwise : 
(1) The words "alcoholic liquors" mean any spirituous malt, vinous, ferment- 

234 



§ 4-3 Alcohol and Alcoholic Beverages § 4-4 

ed, brewed (whether lager or rice beer) or other liquors or any compound or 
mixture thereof by whatever name called or known which contains alcohol 
and is used as a beverage, but shall not extend to 1 : 

(a) Wine when manufactured or made for home consumption and which 
is not sold by the maker thereof or by any other person ; or 

(b) Any beverage declared by statute to be nonalcoholic or non-intoxicat- 
ing; 

(2) The word "manufacturer" means any person operating a plant or place 
of business within this State for distilling, rectifying, brewing, fermenting, 
blending or bottling any alcoholic liquors ; 

(3) The word "zvholcsaler" means any person who shall from without the 
State purchase, acquire or import or who shall purchase or acquire from a man- 
ufacturer within the State any alcoholic liquor for resale ; 

(4) The words "retail dealer" shall mean any holder of a license issued un- 
der the provisions of this chapter other than a manufacturer or wholesaler; 
and 

(5) The words "Tax Commission" and "Commission" shall mean the South 
Carolina Tax Commission. 

1945 (44) 337. 

§ 4-3. Alcohol and other products exempted. 

No provision in this chapter shall apply to alcohol intended for use in the 
manufacture and sale of any of the following when they are unfit for beverage 
purposes, namely: 

(1) Denatured alcohol produced and used pursuant to acts of Congress 
and regulations promulgated thereunder; 

(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet 
preparations; 

(3) Flavoring extracts, syrups, and food products ; and 

(4) Scientific, chemical, mechanical and industrial products. 

Any person who shall knowingly sell any of the products enumerated in par- 
agraphs (1), (2), (3) and (4) for beverage purposes shall be subject to the 
penalties provided in § 4-105. 

No provision of this chapter shall apply to ethyl alcohol intended for use by 
hospitals, colleges, governmental agencies and other permittees entitled to ob- 
tain such alcohol tax-free, as provided by acts of Congress and regulations 
promulgated thereunder. 

1945 (44) 337. 

§ 4-4. Chapter complementary to beer and wine laws. 

This chapter is hereby declared to be complementary to and not in conflict with the 
laws providing for the legal sale of beers, wines and other vinous, fermented or 
malt liquors. 

1945 (44) 337. 

235 



§ 4-5 Code of Laws of South Carolina § 4-7 

§ 4-5. Functions vested in Tax Commission. 

The functions, duties and powers set forth in this chapter are hereby vested 
in the South Carolina Tax Commission. 

1945 (44) 337. 

§ 4-5.1. Attorney for Commission. 

The Commission may appoint an attorney, upon the approval of the Attorney 
General, who shall have the status of an Assistant Attorney General assigned 
to the Commission. Such attorney shall be in addition to the regular attorney 
for the South Carolina Tax Commission and shall devote his full time to the 
enforcement of this chapter. 

1945 (44) 337. 

§ 4-6. Rules and regulations of the Commission. 

The Commission may from time to time make such reasonable regulations, 
not inconsistent with this chapter or with the general laws of the State, as 
the Commission shall deem necessary : 

(1) To carry out and enforce the purposes and provisions of this chapter; 

(2) To prevent the illegal manufacture, bottling, sale, distribution and 
transportation of alcoholic liquors or any one or more of such illegal acts ; or 

(3) To carry out and enforce any other provisions of law relating to the 
enforcement, collection and payment of the license taxes provided in this chap- 
ter and chapter 14 of Title 65 and to prevent the evasion of said provisions 
and the failure or refusal of any person subject thereto to pay such taxes. 

And the Commission may from time to time alter, repeal or amend such reg- 
ulations or any of them. 

Such regulations shall be filed and published as provided for in §§ 1-11 to 
1-17 and shall have the force and effect of law as provided in said sections. 
The Commission shall give additional notice thereof to all licensees in such 
manner as it may deem proper. 

The wilful violation of any rule or regulation made under the provisions 
of this section and having the force and effect of law shall constitute a viola- 
tion of this chapter. 

1945 (44) 337. 

Cross reference. — For rules and regula- relating to the enforcement of the law; such 

tions promulgated under authority of this rules are valid for the enforcement of the 

section, see Rules and Regulations, Tax law, but not for a nonenforcement or sus- 

Commission, in Volume 7 of this Code. pension of the laws. One Hundred Second 

Rules may not suspend law. — The legis- Cavalry Officers' Club v. Heise, 201 S. C. 

lature may rest in administrative bodies 68, 21 S. E. (2d) 400. construing similar 

a large measure of discretionary authority, provision (§ 1837, Code 1942), since re- 

especially to make rules and regulations pealed. 

§ 4-7. Regulations to effect equitable distribution. 

The Commission shall adopt such regulations as it may deem necessary and 
proper to effect an equitable distribution of alcoholic liquors in this State. 

1945 (44) 337. 

Constitutionality.— This section does not Davis v. Query, 209 S. C. 41. 39 S. E. (2d) 
violate S. C. Const., Art. 3, § 1, which pro- 117. 
hibits delegation of legislative powers. Title of act broad enough to cover sec- 

236 



§4-8 Alcohol and Alcoholic Beverages §4-11 

tion. — The title of this act, "To regulate to cover the regulations of the Commission 

the manufacture, sale, possession, transpor- providing for the equitable distribution of 

tation, and use of alcoholic liquors ' *. liquors in the state. Davis v. Query, 209 

To provide for the administration and en- S. C. 41, 39 S. E. (2d) 117. 
forcement of the act" is sufficiently broad 

§ 4-8. Analysis of samples. 

The Commission shall, by regulation, cause the frequent analysis of alco- 
ho'ic liquors sold within this State and provide procedure for obtaining sam- 
ples for the purpose thereof. 

1945 (44) 337. 

§ 4-9. Storage by Department of Agriculture without tax stamps. 

The Department of Agriculture may accept for storage and warehousing 
any alcoholic liquors in the same manner as cotton or other agricultural prod- 
ucts are stored and, in addition to all applicable laws relating to warehousing 
of cotton, said Department may make such rules and regulations, not incon- 
sistent with this chapter nor with the statutes denning the duties of that 
office, providing that alcoholic liquors may be stored in such suitable ware- 
house or warehouses as may be determined by the Department without having 
affixed thereto the revenue tax stamps provided for under chapter 14 of Title 
65. But when any alcoholic liquor is to be removed from a warehouse the 
owner of such alcoholic liquor shall affix the revenue stamps provided for in 
such chapter before the removal thereof. 

The Commissioner of Agriculture may pay from the fees collected by him 
for the storage and warehousing of intoxicating liquors the administrative 
costs incurred by him in the performance of his official duties as to such stor- 
ing and warehousing and the balance remaining in his hands shall be paid to 
the State Treasurer. 

1942 Code § 1858; 1935 (39) 325; 1941 (42) 119. 

Cross reference. — As to storage of prod- 
ucts other than cotton by Department of 
Agriculture, see § 69-106. 

§ 4-10. Hearings ; subpoenas for witnesses, etc. 

The Tax Commission may hold and conduct hearings, issue subpoenas re- 
quiring the attendance of witnesses and the production of records, memoranda, 
papers and other documents for consideration at such hearings or before 
any officer or agent of the Commission and administer oaths and take testi- 
mony thereunder. In its discretion it may authorize any of its members, of- 
ficers or agents to hold and conduct hearings, issue subpoenas and admin- 
ister oaths and take testimony thereunder. 

1945 (44) 337. 

§4-11. Payment of expenses. 

All expenses of the administration of this chapter incurred by the Tax Com- 
mission shall be paid by warrants of the Commission upon the State Treasurer. 
All such warrants shall be payable out of the proceeds of the license taxes and 
other funds received by the State Treasurer under the provisions of chapter 

237 



§ 4-12 Code of Laws of South Carolina § 4-22 

14 of Title 65 before the allocation and disposition of funds provided for in 
§ 65-1272 shall have been made. All costs of the Governor's constabulary as 
appropriated by annual appropriation acts shall be paid from the revenue 
collected under the terms of chapter 14 of Title 65 and before the allocation 
provided for in § 65-1272. 
1945 (44) 337. 

§ 4-12. Effect on existing laws, pending prosecutions, etc. 

Sections 1829 through 1856, inclusive, of the Code of Laws of South Caro- 
lina, 1942, and all Acts or parts of Acts inconsistent with the provisions of this 
chapter are hereby superseded, suspended and terminated, but all such sec- 
tions, Acts or parts of Acts shall remain in force and effect insofar as they 
apply to and support prosecution (a) for any violation thereof occurring prior 
to May 7 1945, (b) for the collection and enforcement of all license taxes due 
and payable thereunder, (c) for the collection and enforcement of the surety 
bonds filed by licensees under the provisions of Section 1833 of said Code, (d) 
for the seizure, confiscation, forfeiture and sale of any property therein de- 
clared to be contraband and (e) in connection with all licenses granted prior 
to May 7 1945 for the regulation of the licensees having such licenses. 

1945 (44) 337. 

Article 2. 

Provisions Relating to Tax Commission, Its Members and Employees. 

§ 4-21. Commission members, etc., not to have interest in liquor manufacture, 
etc. 

No member, officer or agent of the Commission, directly or indirectly, (a) 
individually, (b) as a member of a partnership or of an association, (c) as a 
member or stockholder of a corporation or (d) as a relative to any person by 
blood or marriage within the second degree shall: 

(1) Have any interest whatsoever in the manufacture of or dealing in al- 
coholic liquors or in any enterprise or industry in which alcoholic liquors are 
required ; 

(2) Receive any commission or profit whatsoever on the purchase or sale of 
alcoholic liquors by any person whatsoever; or 

(3) Have any interest in or mortgage or deed of trust on any land or build- 
ing where alcoholic liquors are manufactured for sale, offered for sale or sold 
or in any personal property used therein. 

The provisions of this section shall not prevent any member, officer, agent 
or employee of the Commission from purchasing and keeping in his possession, 
for the personal use of himself, members of his family or guests, alcoholic 
liquors which may be purchaser or kept by any person except a manufacturer, 
wholesaler or retail dealer under this chapter. 

1945 (44) 337. 

§ 4-22. Inspectors. 

The Commission may employ not more than eight inspectors, whose sal- 

238 



§ 4-23 Alcohol and Alcoholic Beverages § 4-26 

aries shall be fixed by the Commission and shall be payable as an expense of 
the administration of this chapter. Each of the inspectors shall be commis- 
sioned by the Governor as a state constable in order that he shall have ade- 
quate authority as a peace officer to enforce the provisions of this chapter. 
Each inspector shall, before entering upon the discharge of his duties, take 
and subscribe the oath of office required by Article III, section 26 of the Con- 
stitution of South Carolina and also the additional oaths required by §§ 50-52 
and 50-53 and give bond payable to the State, in form approved by the At- 
torney General, in the penal sum of five thousand dollars, with some surety or 
guaranty company duly authorized to do business in South Carolina and 
approved by the Commission as surety, conditioned upon the faithful dis- 
charge of his duties. The premiums on such bonds shall be paid as an ex- 
pense of the administration of this chapter and the bonds shall be filed with 
and preserved by the Secretary of State. 
1945 (441 337. 

§ 4-23. Other personnel. 

The Commission may employ such clerical, stenographic and other per- 
sonnel, including chemists, as may be necessary, in its judgment, to the ad- 
ministration of this chapter and may prescribe their duties and fix their com- 
pensation, which shall be payable as an expense of the administration of this 
chapter. The Commission may require any employee to furnish such bond 
conditioned upon the faithful performance of his duty as it may deem proper. 
The premium on any such bond shall be payable as an expense of the ad- 
ministration of this chapter and the bond shall be filed with and preserved by 
the Commission. 

1945 (44) 337. 

§ 4-24. Office space. 

There shall, as soon as practicable, be assigned to the Commission adequate 
office space in one of the State office buildings and until such assignment shall 
be made the Commission may rent adequate office space, the rent therefor to 
be payable as an expense of the administration of this chapter. 

1945 (44) 337. 

§ 4-25. Equipment required. 

The State Budget and Control Board may purchase for the Commission 
the furniture, equipment and material determined by it to be necessary, the 
cost thereof to be payable as an expense of the administration of this chapter. 

1945 (44) 337. 

§ 4-26. Reports. 

The Commission shall file annually with the Governor and the General 
Assembly its annual report as of June 30th of each year and shall report to 
the Governor on its affairs generally or on special matters connected therewith 
as often as he shall require. 

1945 (44) 337. 

239 



§ 4-31 Code of Laws of South Carolina § 4-32 

Article 3. 

Issue of Licenses; Bond or Deposit and Action Thereon. 

§ 4-31. What licenses Commission may issue. 

The Commission shall have sole and exclusive power to grant, issue, sus- 
pend and revoke all licenses provided for in this chapter. The Commission 
may grant, subject to revocation as provided in this chapter, the following 
licenses : 

(1) Manufacturers' licenses which shall authorize the licensees to manu- 
facture alcoholic liquors and to sell and deliver or ship the same, in accordance 
with regulations of the Commission, in bottles or in like closed containers to 
any person in this State who has a wholesaler's license granted under this 
chapter and in barrels, bottles or other closed containers to persons outside of 
this State, except that no deliveries or shipments shall be made into any State 
the laws of which prohibit the consignee from receiving or selling the same ; 

(2) Wholesalers' licenses which shall authorize the licensees to purchase, 
store, keep, possess, import into this State, transport, sell and deliver alcoholic 
liquors in bottles or like closed containers, in accordance with regulations of 
the Commission, to any person having a manufacturer's or retailer's license 
granted under this chapter; and 

(3) Retail dealers' licenses which shall authorize the licensees to purchase al- 
coholic liquors from wholesalers having licenses granted under this chapter and to 
store, keep, possess and sell the same at retail for consumption in compliance with 
the provisions of this chapter and regulations of the Commission not in conflict 
herewith. 

1945 (44) 337. 

§ 4-32. Persons ineligible for licenses. 

No person shall be eligible for a license under the provisions of this chapter 
if he or the person who will have actual control and management of the busi- 
ness proposed to be operated : 

(1) Is a minor; 

(2) Is not a citizen of the State of South Carolina ; 

(3) Has not been a bona fide actual resident of the county in which the 
proposed business is to be located and operated or an adjoining county for at 
least six months prior to the date of application ; 

(4) Is not of good repute ; or 

(5) Has had a license under the provisions of this or any previous statute 
regulating the manufacture or sale of alcoholic liquors which has been revoked 
within the period of five years next preceding the riling of the application ; 

• Unless the Tax Commission in its discretion shall otherwise order. 

1945 (44) 337. 

Partnership agreement held valid under name, since this does not constitute an 

section. — Where plaintiff entered into a illegal agreement construing this section, 

partnership agreement with defendants, he Romanus v. Biggs, 214 S. C. 145, 51 S. E. 

was entitled to an accounting, even though (2d) 503 (1949) construing a similar pro- 

the agreement provided that one of the vision (1942 Code § 183) since repealed, 
partners was to take out all licenses in his 

240 



§ 4-33 Alcohol and Alcoholic Beverages § 4-38 

§ 4-33. Licenses to corporations. 

No license shall be issued to a corporation or association as such and if 
any application is made for a corporation or association the license, if granted, 
shall be issued to an officer or officers thereof for its use and such officer or 
officers shall be held to assume all responsibility thereunder as individuals and 
shall be subject to all the provisions and penalties set forth in this chapter as 
applicable to individual licensees. 

1945 (44) 337. 

Quoted in Romanus v. Biggs, 214 S. C. 
145, 51 S. E. (2d) 503 (1949). 

§ 4-34. No retail licenses to Federal wholesale licensees. 

No license shall be issued to any person or firm or for the use of any cor- 
poration to sell at retail intoxicating liquors in this State when such person, 
firm or corporation or any officer of such firm or corporation shall be licensed 
by the United States of America or any department or agency thereof as a 
wholesale liquor dealer. 

1945 (44) 337. 

§ 4-35. Only one license in a household. 

No license shall be issued to more than one member of any household in 
this State. 

1945 (44) 337. 

Suit for accounting and dissolution of il- State, on the ground that by this section 

legal partnership. — In an action brought for the partnership alleged was illegal and un- 

accounting and dissolution of an alleged enforceable because this section prohibits 

partnership, the court overruled a demurrer ownership of any interest in any liquor busi- 

to the defense that plaintiff sold a liquor ness except the retail store which one oper- 

store to defendant in order to operate a ates under license. Pendarvis v. Berry, 214 

similar store in another city, for which latter S. C. 363, 52 S. E. (2d) 705 (1949). 
store plaintiff procured licenses from the 

"L § 4-36. Only one license per licensee. 
r.Af Only one license shall be issued to any one licensee. 
1945 (44) 337. 

Suit for accounting and dissolution of il- 
legal partnership. — See note to § 4-35. 

§ 4-37. Retail licenses in unincorporated communities. 

The Commission may, in its discretion, after due investigation, license re- 
tail dealers in unincorporated towns and in county communities when, in the 
opinion of the Commission, it would be to the interest of such unincorporated 
town or community to have a licensed retailer therein. But the Commission 
shall not license a retail dealer in any locality unless the Commission is assured 
that such locality is under proper police protection. 

1945 (44) 337. 

§ 4-38. Limitation of number of retail outlets in a community. 

If, in the judgment of the Commission, because of the number of retail out- 
[ ISC Code] — 16 241 



§ 4-39 Code of Laws of South Carolina § 4-41 

lets in any political subdivision, their location within the subdivision or for 
other reasons the citizens desiring to purchase alcoholic liquors therein are 
more than adequately served, it may, in its discretion, limit the further issu- 
ance of licenses in any such political subdivision. 
1945 (44) 337. 

§ 4-39. Notice of intention to apply for license. 

Every person intending to apply for any license provided for under the 
provisions of this chapter shall publish at least once a week for three succes- 
sive weeks in a newspaper published (or having a ge neral circulation ^ in the 
county, city or community wherein such person proposes to engage in busi- 
ness, a notice of his intention so to apply. Such notice shall be in large type 
and cover a space one column wide and not less than two inches deep and shall 
state the type of license to be applied for and the exact location at which the 
proposed business is to be operated. 

1945 (44) 337. 

§ 4-40. Notice not required for renewal. 

The provisions of § 4-39, requiring publication of notice prior to applying 
for a license shall not apply to any person licensed under the provisions of this 
chapter when such licensee again applies to the Commission for a new 
license similar to that which he already holds to engage in the same business 
at the same place. 

1945 (44) 337. 

§ 4-41. Application. 

Every person desiring a license under the provisions of this chapter shall, 
after publishing notice of his intention as provided in § 4-39, unless such 
notice shall not be required under the provisions of § 4-40, file with the Com- 
mission an application in writing on forms provided by the Commission con- 
taining a statement under oath setting forth : 

(1) The name, address, age, race and nationality of the person applying 
for the license; 

(2) The name, address, age, race and nationality of the person who will 
have actual control and management of the business proposed to be oper- 
ated; 

(3) The exact location and a description of the place where the business is 
proposed to be operated ; 

(4) Whether the applicant or the person who will have actual control and 
management of the business proposed to be operated has ever had a license 
under the provisions of this or any previous statute regulating the manufac- 
ture or sale of alcoholic liquors ; and 

(5) An)' other information required by regulation of the Commission. 
1945 (44) 3i7, 

Partnership agreement held valid under 
section. — See note to § 4-432. 

242 [ I SC Code] 



§ 4-42 Alcohol and Alcoholic Beverages § 4-46 

§4-42. Payment of tax prerequisite. 

The Commission shall not issue any license until the license tax required by 
chapter 14 of Title 65 has been paid by the applicant. 
1945 (44) 337. 

§ 4-43. Bond or deposit of licensee. 

Every person upon whose application for a license the Commission has act- 
ed favorably shall, within ten days from the date of the receipt by him of notice 
of such action, either (a) file with the Commission a bond payable to the 
State in form approved by the Commission, in the penal sum of two thou- 
sand dollars, with some surety or guaranty company duly authorized t"o do 
business in South Carolina and approved by the Commission as surety, con- 
ditioned upon the lawful operation of the business covered by the license 
and the prompt payment of all license taxes provided in chapter 14 of Title 
65 or (b) deposit with the State Treasurer cash in the amount of two thou- 
sand dollars or securities sufficient, in the opinion of the State Treasurer, to 
secure adequately the amount of two thousand dollars, which deposit shall 
be made upon the same condition as that required to be set forth in such 
bond. 

1945 (44) 337. 

§ 4-44. Breach of condition of bond or deposit. 

Every violation of any of the provisions of this chapter, or of chapter 14 of 
Title 65, by the licensee, his agents or servants, shall constitute a breach of the 
condition of the bond filed or the deposit made by such licensee under § 4-43 
and forfeiture of the same shall be in addition to any other penalties or punish- 
ment provided therefor in this chapter. 

1945 (44) 337. 

Stated in Pendarvis v. Berry, 214 S. C. 
363, 52 S. E. (2d) 705 (1949). 

§ 4-45. Action for recovery. 

In the event the Commission shall find that the condition of the bond filed 
or deposit made by any licensee under § 4-43 has been broken, the Commis- 
sion shall bring an action in its name in the county in which the business 
of the licensee is or was located and operated to recover the amount of two 
thousand dollars. The action shall be against the licensee and his surety if 
the licensee filed a bond under § 4-43 and shall be against the licensee only 
if he deposited cash or securities under § 4-43. 

1945 (44) 337. 

§ 4-46. Application of cash or securities to judgment. 

The cash deposited by the licensee shall be applied by the State Treas- 
urer in payment of the judgment recovered against the licensee and, in the 
event securities were deposited by the licensee the State Treasurer shall, after 
fifteen days advertisement, sell the same at public auction and apply the 

243 



§ 4-47 Code of Laws of South Carolina § 4-54 

proceeds of such sale to the payment of the judgment recovered against the 
licensee, paying over to the licensee any amount remaining thereafter. 
1945 (44) 337. 

§ 4-47. Disposition of amounts received. 

The amounts received by the Commission or by the State Treasurer from 
the collection and payment of any judgments recovered under § 4-45 shall 
be turned into the State Treasury to be disposed of in the manner provided 
in chapter 14 of Title 65 for the disposition of license taxes collected under said 
chapter. 

194S (44) 337. 

Article 4. 
Expiration, Refusal, Suspension or Revocation of Licenses. 

§4-51. Expiration of licenses. 

All licenses granted and issued under the provisions of this chapter shall 
expire on June 30 of each year. 

1945 (44) 337. 

§ 4-52. Effect of death of licensee. 

In the event of the death of any licensee, except in the case of a license 
granted to more than one person, the executor or administrator of such de- 
ceased licensee may, with the consent of the court of probate and upon permit 
of the Commission, continue the operation of the business covered by the 
license. If such executor or administrator shall elect to discontinue such 
business or if the Commission shall not issue a permit for its continuance, the 
unearned portion of the license tax, computed on the basis of the cost of the 
license per month for the period for which it was issued, shall be refunded to 
the executor or administrator; and any alcoholic liquors of the deceased which 
come into his hands as such executor or administrator may be sold by him in 
the manner provided in § 4-60. 

1945 (44) 337. 

§ 4-53. Grounds for refusal. 

The Commission shall refuse to grant any license mentioned in this chapter 
if it shall be of the opinion that : 

( 1 ) The applicant is not a suitable person to be so licensed ; 

(2) The store or place of business to be occupied by the applicant is not 
a suitable place; or 

(3) A sufficient number of licenses have already been issued, in the State, 
incorporated municipality or unincorporated community or other community. 

1945 (44) 337. 

§ 4-54. When licenses suspended or revoked. 

The Commission may suspend or revoke any license issued by it if it be of 
the opinion that : 

244 



§ 4-55 Alcohol and Alcoholic Beverages § 4-57 

(1) The licensee is not a suitable person to hold such license ; or 

(2) The store or place of business occupied by the licensee is not a suitable 
place. 

1945 (44) 337. 

Liquor licenses are neither contracts nor of alcoholic liquors, after it had made in- 

rights of property. — They are mere permits, vestigations as to the fitness of the appli- 

issued or granted in the exercise of the po- cant to engage in such business, and the 

lice power of the State to do what other- propriety of the location, announced its ap- 

wise would be unlawful to do; and to be proval of the person and the place, and after 

enjoyed only so long as the restrictions and it had notified the applicant that it would 

conditions governing their continuance are issue the license, received a protest against 

complied with. Feldman v. South Carolina the location as a proper place to engage in 

Tax Comni., 203 S. C. 49, 26 S. E. (2d) such business and refused to grant the li- 

22, construing similar provision (§ 1832, cense, it was held that this was not an abuse 

Code of 1942), since repealed. of the discretion vested in the Commission. 

Refusal of license after announcement of Macauley v. Query, 193 S. C. 1, 7 S. E. (2d) 

approval not abuse of discretion. — Where 519, construing similar provision (§ 1832, 

Tax Commission, in the consideration of the Code of 1942), since repealed, 
application for license to engage in the sale 

§ 4-55. Same; when wholesaler interested in retail store. 

The Tax Commission shall revoke the license of any wholesaler whenever 
proof is obtained that such wholesaler has an interest, either directly or in- 
directly, in any retail store. 

1945 (44) 337. 

Quoted in Romanus v. Briggs, 214 S. C. 
145, 51 S. E. (2d) 503, (1949). 

§4-56. Same; when retailer has Federal wholesale license or is indebted to 
wholesaler. 

Any license to sell intoxicating liquors at retail issued by the Commis- 
sion shall be immediately revoked by the Commission if the licensee therein or 
any officer of such licensee shall during the effective period of such license: 
(a) be licensed by the United States of America or any department or agency 
thereof as a wholesale liquor dealer or (b) be indebted to any wholesaler 
or to any person, firm or corporation so licensed by the United States of 
America or any department or agency thereof, in any manner whatsoever, 
except indebtedness for current purchase of alcoholic liquors which is not 
past due. 

1945 (44) 337. 

§ 4-57. Hearing before refusal or revocation of license. 

Before the Commission shall refuse to grant any license or shall suspend 
or revoke any license issued under the provisions of this chapter at least 
ten days' notice of such proposed or contemplated action by the Commis- 
sion shall be given to the applicant or the licensee affected, as the case may 
be. The notice shall be in writing and shall contain a statement of the grounds 
or reason of the proposed or contemplated action of the Commission and 
shall be served upon the applicant or licensee in person or by registered mail 
sent to his last known postoffice address. The Commission shall in such 

245 



§4-58 Code of Laws of South Carolina §4-71 

notice appoint a time and place when and at which the applicant or licensee 
shall be heard as to why the license should not be refused, suspended or 
revoked, as the case may be. The applicant or licensee shall at such time 
and place have the right to produce evidence in his behalf and to be repre- 
sented by counsel. 
1945 (44) 337. 

§ 4-58. Review of grant or refusal. 

The action of the Commission in granting or in refusing to grant any li- 
cense under the provisions of this chapter shall not be subject to review by 
any court nor shall any mandamus or injunction lie in any such case, except 
by certiorari. 

1945 (44) 337. 

§ 4-59. Review of suspension or revocation. 

The action of the Commission in suspending or revoking any license pur- 
suant to the provisions of this chapter shall be subject to review by any 
court of competent jurisdiction on appeal but such appeal shall not operate 
as a supersedeas to stay such suspension or revocation. 

1945 (44) 337. 

Commission does not have unbounded censes, a broad but not unbounded discre- 

discretion in revocation of licenses. — The tion in such matters. Feldman v. South 

legislature intended to give, and has given, Carolina Tax Comra., 203 S. C. 49, 26 

the Tax Commission, whose duty it is to S. E. (2d) 22, construing similar provision 

grant, and in proper cases to revoke li- (§ 1832, Code of 1942), since repealed. 

§ 4-60. Disposition of stock when license revoked. 

Alcoholic liquors owned by or in possession of any licensee for sale at 
the time the license of any such licensee is suspended or revoked under this 
chapter or is terminated in any other manner may, upon permits issued by 
the Commission and within the time fixed therein and upon such conditions 
as the Commission may specify, be sold by such licensee to persons in this 
State licensed under Article 3 of this chapter or may, upon permits issued by 
the Commission and within the time fixed therein be sold to persons outside 
of this State for resale outside of the State, except that no deliveries or 
shipments shall be made into any state the laws of which prohibit the con- 
signee from receiving or selling the same. The time fixed by the Commis- 
sion in such permits shall in no case be less than sixty days. 

1945 (44) 337. 

Article 5. 
Regulation of Licensees. 

§ 4-71. Restrictions on manufacturers. 

No manufacturer shall own or operate more than one plant, establish- 
ment or place of business for the manufacture of alcoholic liquors in any one 
county of this State nor shall he permit the drinking of alcoholic liquors on 
his premises. 

1945 (44) 337. 

246 



§ 4-72 Alcohol and Alcoholic Beverages § 4-75 

§ 4-72. Maximum sale prices for wholesalers and retailers. 

The maximum sale price which may be charged by any wholesaler for 
alcoholic liquors shall be the delivered cost thereof to such wholesaler in- 
cluding the State license tax thereon, plus ten per cent thereof. The maxi- 
mum sale price which may be charged by any retail dealer for alcoholic 
liquors shall be the delivered cost thereof to such retail dealer, including 
the State license tax thereon, plus twenty-five per cent thereof. Any sale 
of alcoholic liquors at a price in excess of the applicable maximum price fixed 
herein shall constitute a violation of this chapter. 

1945 (44) 337. 

§ 4-73. Restrictions on wholesalers. 
No wholesaler shall : 

(1) Sell, barter, exchange, give, transfer or deliver for consumption any 
alcoholic liquors to any person not having a license granted under this chap- 
ter ; 

(2) Permit the drinking of any alcoholic liquors on his premises; 

(3) Condition the sale of alcoholic liquors to any retail dealer upon the 
purchase or receipt of any other kind or brand of alcoholic liquors than that 
ordered by such retail dealer; 

(4) Sell any alcoholic liquors between the times of sundown and sun- 
rise. 

1945 (44) 337; 1951 (47) 710. 

§ 4-73.1. Wholesalers not to have interest in other stores. 

No wholesale dealer, directly or indirectly, individually or as a member of 
a partnership or an association, as a member or stockholder of a corporation 
or as a relative to any person by blood or marriage within the third degree, 
shall have any interest whatsoever in any business, store or establishment 
dealing in alcoholic liquors except the store or place of business covered by 
his wholesale dealer's license. 

1951 (47) 546,710. 

Quoted in Romanus v. Biggs, 214 S. C. 
145, 51 S. E. (2d) 503 (1949). 

§ 4-74. Wholesaler's store or warehouse. 

Every wholesaler shall, for the purpose of conducting his business under 
his wholesaler's license, maintain a separate store or warehouse which shall 
not be outside of the boundaries of an incorporated municipality, and no 
other goods, wares or merchandise shall be kept or stored therein. No place 
of amusement shall be maintained within such place or in the same building 
or in connection therewith. 

1945 (44) 337. 

§ 4-75. Copies of invoices of wholesaler's purchases. 

Every wholesale licensee, upon receipt of a shipment of alcoholic liquors for 
sale within this State under the provisions of this chapter, shall, within 

247 



§ 4-76 Code of Laws of South Carolina § 4-79 

twenty-four hours of the receipt of the same and before it is offered for sale, 
furnish to the Tax Commission true invoices of the alcoholic liquors so re- 
ceived. 

1945 (44) 337. 

§ 4-76. Copies of invoices of wholesaler's sales. 

Every wholesaler shall furnish to the Commission duplicate copies of all 
invoices for the sale of alcoholic liquors within twenty-four hours after such 
alcoholic liquors have been removed from the wholesaler's place of business. 

1945 (44) 337. 

§ 4-77. Wholesaler's monthly statements of stock on hand. 

Every wholesaler shall file with the Commission monthly, on or before 
the first day of each month, a statement showing' the stock of alcoholic liquors 
received by him during the preceding thirty days and such additional reports 
as the Commission may require. 

1945 (44) 337. 

§ 4-78. Restrictions on retailers. 
No retail dealer shall : 

(1) Sell, offer for sale, barter, exchange, give, transfer or deliver or per- 
mit to be sold, bartered, exchanged, given, transfered or delivered any alco- 
holic liquors in less quantities than one-half pint ; 

(2) Own or keep in his possession any alcoholic liquors in separate con- 
tainers containing less than one-half pint ; 

(3) Sell, barter, exchange, give, transfer or deliver, offer for sale, barter 
or exchange or permit the sale, barter, exchange, gift, transfer or delivery of 
alcoholic liquors (a) between the hours of sundown and sunrise, (b) for con- 
sumption on the premises, (c) to a minor, (d) to any intoxicated person or (e) 
to any insane person ; 

(4) Permit the drinking of any alcoholic liquors in his store or place of 
business ; or 

(5) Own, operate or have any interest whatsoever in any business, store 
or establishment dealing in alcoholic liquors except the store or place of 
business covered by his retail dealer's license granted under this chapter. 

1945 (44) 337. 

Suit for accounting and dissolution of il- 
legal partnership. — See note to § 4-35. 

§ 4-79. Retail store or place of business ; sign. 

Every retail dealer shall maintain a separate store or place of business, of 
a single room with no means of ingress or egress except from the front and 
without any sign or advertising thereon except the license number, the 
name of the retail dealer and the words "Retail Liquor Store". No letter or 
figure in any such sign shall be more than six inches high or more than four 
inches wide and, if more than one line is used, the lines shall be not more than 
one inch apart. 

1945 (44) 337. 

248 



§ 4-80 Alcohol and Alcoholic Beverages § 4-91 

§ 4-80. Display of stock, prices, etc., in retail stores. 

Every retail dealer shall display all retail prices on the shelf under each 
brand and bottle size and all sales shall be made from the shelves. Only sur- 
plus stocks, in excess of one case, of brands and sizes of alcoholic liquors 
prominently displayed on his shelves may be stored under counters and in 
other authorized storage spaces. No bottles of alcoholic liquors or packages 
containing alcoholic liquors shall be displayed in the front or windows of 
the store or place of business of any retail dealer. 

1945 (44) 337. 

§ 4-81. No other business in retail stores. 

Subject to the provisions of § 4-82 no other goods, wares or merchandise 
shall be kept or stored in such store or place of business, nor sold therein 
or therefrom and no place of amusement shall be maintained therein or in 
connection therewith. 

1945 (44) 337. 

§ 4-82. Exception for sale of wines. 

Notwithstanding the provisions of § 4-81. retail dealers licensed under the 
provisions of this chapter may sell all wines in the stores or places of busi- 
ness covered by their respective licenses, whether declared alcoholic or non- 
alcoholic or nonintoxicating by the laws of this State. Wines containing 
more than fourteen per cent of alcohol by volume shall be sold only in licensed 
alcoholic liquor stores. Nothing herein contained shall alter, amend or modify 
the laws relating to the taxes imposed on wines or the collection and enforce- 
ment thereof. 

1945 (44) 337, 

§ 4-83. Restrictions not applicable on interstate trains. 

The restrictive provisions of this article relating to retail dealers shall not 
apply to sales of alcoholic liquors by railroad or Pullman companies to 
passengers on interstate trains for consumption thereon, such sales being 
hereby permitted. 

1945 (44) 337. 

Article 6. 
Offenses and Enforcement 

§ 4-91. Unlawful manufacture, sale or transportation, etc. 

It shall be unlawful for any person to manufacture, store, keep, receive, have 
in possession, transport, ship, buy, sell, barter, exchange or deliver any alco- 
holic liquors, except liquors acquired in a legal manner, and except in ac- 
cordance with the provisions of this chapter, or to accept, receive or have in 
possession any alcoholic liquors for unlawful use under the provisions of this 
chapter. 

1945 (44) 337. 

249 



S 4-92 



Code of Laws of South Carolina 



§4-92 



Purpose of section. — The purpose of this 
section is to prohibit the manufacture of in- 
toxicating liquors without a license, and it 
reaches and stops all steps in the actual 
process of manufacturing up to and includ- 
ing the finished product. State v. Reaves, 
203 S. C. 501, 28 S. E. (2d) 91; State v. 
Jackson, 210 S. C. 214, 42 S. E. (2d) 230. 

Not necessary that manufacture be com- 
plete. — To constitute the offense of manu- 
facturing liquor, it is not necessary that 
the product of the manufacturer should be 
complete. Manufacture is "the process of 
making by art or reducing materials into 
form fit for use, by the hand or by machin- 
ery" and one employed in this process is 
manufacturing. State v. Quick. 199 S. C. 
256, 19 S. E. (2d) 101. 

It must be remembered that manufactur- 
ing is a continuing process, the State not 
being obligated to wait until the last step 
in the process has been taken, and must be 
construed in connection with the prohibi- 
tion imposed. State v. Reaves, 203 S. C. 
501, 28 S. E. (2d) 91; State v. Jackson, 210 
S. C. 214, 42 S. E. '(2d) 230. 

An overt act is sufficient. — An overt act 
in the process of manufacturing is sufficient 
to show unlawful manufacture, and each 
case must be decided dependent upon its 
particular facts, especially as to the issue 
whether a verdict of acquittal should be 
directed. State v. Jackson, 210 S. C. 214, 
42 S. E. (2d) 230. 

But intent to manufacture is not an of- 
fense. — This section makes it unlawful, ex- 
cept under certain conditions and require- 
ments, to manufacture liquor, but it does 
not constitute an offense to intend to man- 
ufacture liquor. State v. Quick, 199 S. C. 
256, 19 S. E. (2d) 101. 

And mere preparation is not enough. — No 
definite rule as to what constitutes an overt 



act can safely be laid down in cases relat- 
ing to the manufacture of alcoholic liquors 
as the law does not concern itself with 
mere guilty intention unconnected with any 
overt act; such act must amount to more 
than mere preparation and move directly 
toward the commission of the crime. State 
v. Jackson. 210 S. C. 214, 42 S. E. (2d) 230. 

Hence, the following instruction would 
ordinarily be incorrect and constitute re- 
versible error: "Manufacturing does not 
necessarily mean the completion of the 
product. Manufacturing is simply putting 
the elements of the raw material together, 
having the appliances with intent to com- 
plete the job. If the raw materials going 
into the finished product have been put to- 
gether, the means of manufacturing at hand 
and the intent to complete the job, you have 
the offense of manufacturing, having the 
manufacturing complete in so far as the 
offense of manufacturing whiskey is con- 
cerned." State v. Jackson, 210 S. C. 214, 
42 S. E. (2d) 230. 

Receipt or acceptance for unlawful use 
sufficent charge in indictment. — This section 
creates four distinct classes of offenses. 
Therefore the manufacture, sale, barter or 
exchange of liquor is prohibited without re- 
gard to whether any of the other elements 
of the section are present and the receipt 
or acceptance for unlawful use is a complete 
classification of prohibitions and may be so 
charged in an indictment. Jackson v. South 
Carolina Tax Comm., 192 S. C. 350, 6 S. E. 
(2d) 745; State v. Center, 205 S. C. 42, 30 
S. E. (2d) 760, construing a similar provi- 
sion (§ 1848, Code of 1942), since repealed. 

Applied in State v. Williams. 206 S. C. 70. 
32 S. E. (2d) 887. 

Quoted in State v. Gilliam, 208 S. C. 126, 
37 S. E. (2d) 299. 



J § 4-92. Transportation in taxi, etc., unlawful. 

It shall be unlawful for any person to transport any alcoholic beverage 
in a motor vehicle used as a taxi or used in the transportation of passengers 
for hire; provided, that this shall not apply to alcoholic beverages belonging 
to a passenger being transported when such alcoholic beverages are in the 
baggage of such passenger or upon his or her person. 

Any violation of the provisions of this section shall be punishable by a fine 
of not more than one hundred dollars or imprisonment for a period of not 
more than thirty days and the vehicle and the alcoholic beverages so be- 
ing transported in violation of this section shall be declared contraband and 
seized and disposed of as is provided by §§ 65-S59 to 65-864. 

1947 (45) 155. 



Z50 



(/ 



/ 



§ 4-93 Alcohol and Alcoholic Beverages § 4-95 

§ 4-93. Assisting in unlawful transportation. 

Any person acting- as an advance or rear guard or pilot to any person en- 
gaged in the transportation of alcoholic liquors in violation of any of the 
provisions of law of this State shall be guilty of the offense of knowingly 
transporting alcoholic liquors for unlawful purposes as defined by the laws 
of this State and shall be punishable as provided therefor. The buggy, wagon, 
automobile, railroad car, bicycle, motorcycle or other vehicle or any boat, 
launch or other vessel used by such person in rendering such aid, if he shall 
be the owner thereof or if used with knowledge or consent of the owner there- 
of or of the agent of such owner in charge thereof, is hereby declared for- 
feited to the State and may be confiscated in the same method and manner 
as now provided by law for the confiscation of any vehicle actually used 
in the carrying of such alcoholic liquors. 

19-12 Code § 1898; 1932 Code § 1903; 1928 (35) 1148. 

Applied in State v. Mason, 209 S. C. 324, 
40 S. E. (2d) 164. 

§ 4-94. Unlawful purchase. 

It shall be unlawful for any person to purchase or otherwise procure within 
this State any alcoholic liquor other than that purchased from licensed 
dealers within the State as provided for in this chapter. 

1945 (44) 337. 

Quoted in State v. Gilliam, 208 S. C. 126, 
37 S. E. (2d) 299. 

§ 4-95. Unlawful possession. 

It shall be unlawful for any person to store or have in possession any alco- 
holic liquors in his place of business other than a licensed liquor store. A 
place of business shall include : 

(1) Any place where goods, wares or merchandise are sold, offered for 
sale or distributed, and also places of amusement ; 

(2) Residences and transportation vehicles when sale of any merchandise 
is made therefrom ; and 

(3) Outbuildings, warehouses and garages when adjacent to or used in 
connection with any place of business where any goods, wares or merchandise 
are sold, offered for sale or distributed. 

1945 (44) 337. 

An office room is part of a place of busi- a part and parcel of a place of business. 

ness. — An office room of a store where liq- So, a parking area provided and maintained 

uor was found is within and a part of the by the defendant immediately adjacent to 

store when entered by a door from the his service station and store, where patrons 

salesroom of the store and is a part of a were invited to ;top in their cars for the 

place of business within the meaning of this purpose of receiving "curb service," neces- 

section. State v. Brandon. 210 S. C. 495. sarily constituted a "place of business." 

43 S. E. (2d) 449. State v. Shumpert, 195 S. C. 387, 11 S. E. 

As is an adjacent parking lot. — All parts (2d) 523. 
of one's place of business, including rooms. An arrest of appellant while he was with- 

closets, stairs, yard or courts, used in con- in the parking area of his place of business 

nection with the place of business itself are about three feet from the front door was 

251 



§ 4-96 Code of Laws of South Carolina § 4-98 

within a part of his "place of business" un- and all were owned by the same person, 

der this section. State v. Phillips, 210 S. C. the court held it could be reasonably in- 

249, 42 S. E. (2d) 339. ferred that such cabins came within para- 

And also outlying cabins. — Where whis- graph (3) of this section. Thompson v. 

key was stored in cabins across a highway Bearden, 200 S. C. 519, 21 S. E. (2d) 189. 
seventy-five feet from a cafe and dance hall 

§ 4-96. Liquor not to be kept in certain places. 

It shall be unlawful for any person to have in his possession for any purpose 
any quantity of such liquors in any room in which or in connection with which 
there is maintained or conducted any place of amusement, club house, fra- 
ternity house, lodge or meeting place, cafe, rest room, store, office, shop or 
factory and no such place shall be considered a residence within the meaning 
of this §ection. 

1942 Code § 1896; 1932 Code § 1885; Cr. C. '22 § 873; 1917 (30) 69. 

Unlawful to store intoxicating liquor for lawful, is not error. State v. Drakeford, 

any purpose in a store. — In a prosecution 120 S. C. 400, 113 S. E. 307. 

under this section, an instruction that stor- Applied in State v. Glover, 133 S. C. 124, 

ing or having in possession any quantity of 130 S. E. 213; State v. Burns, 133 S. C. 238, 

intoxicating liquor for any purpose in a 130 S. E. 641. 
room in which is maintained a store is un- 

Y § 4-97. Maintaining club rooms for unlawful use of liquor. 

Every person who shall, directly or indirectly, keep or maintain by him- 
)*f~V se '^ or ky associating or combining with others or shall in any manner aid, 
assist or abet in keeping or maintaining any club room or other place in 
which any alcoholic liquors or beverages are received or kept for unlawful 
use, barter or sale as a beverage, or for distribution or division among the 
members of any club or association by any means whatever and every per- 
son who shall receive, barter, sell, assist or abet another in receiving, barter- 
ing or selling any alcoholic liquors or beverages so received or kept shall be 
guilty of a misdemeanor and, upon conviction thereof, shall be punished by 
a fine of not less than one hundred dollars nor more than five hundred dol- 
lars or by imprisonment for a term of not less than three months nor more 
than twelve months. 

1942 Code § 1883; 1932 Code § 1856; Cr. C. '22 § 847; Cr. C. '12 § 820; 1907 (25) 473. 

What constitutes sale. — When a so-called uors for its members, and such liquors are 

club is a mere device to evade the law delivered at a price paid, or agreed to be 

against the sale of intoxicating liquors, and paid, there is a sale. State v. City Club, 

its real or main purpose is to provide liq- 83 S. C. 509, 65 S. E. 730. 

J § 4-98. Employment of minor. 

It shall be unlawful for any person under the age of twenty-one years to 
work as an employee or otherwise in a retail, wholesale or manufacturing 
liquor business or business establishment or for any person knowingly to 
employ any person under the age of twenty-one years in any such business 
or business establishment. 
1945 (44) 337. 

252 



J 



§4-99 Alcohol and Alcoholic Beverages §4-105 

§ 4-99. Drinking on premises of liquor establishments. 

It shall be unlawful for any person to drink alcoholic liquors on the prem- 
ises of any retail, wholesale or manufacturing alcoholic liquor business or 
business establishment. 

1945 (44) 337. 

§ 4-100. Publicly drinking liquors in passenger car. 

Any person who shall publicly engage in the drinking of intoxicating 
liquors in the presence of passengers or in any passenger car in the State shall 
be guilty of a misdemeanor and, upon conviction, shall be fined not less than 
ten dollars and not to exceed fifty dollars or imprisoned not to exceed thirty 
days. But this section shall not apply to any dining or buffet car. 

1942 Code § 1706; 1932 Code § 1706; Cr. C. '22 § 652; Cr. C. '12 § 677; 1908 (25) 1102 

§4-101. Blank. 

§4-102. Unlawful sales during certain days or emergency periods. 
^ It shall be unlawful to sell any alcoholic liquors on Sunday, on election 
days or during periods of local or State emergency proclaimed by the Gover- 
nor in the interest of law and order or public morals and decorumfl Full au- 
thority to proclaim such periods is hereby conferred upon the Governor in 
addition to all other powers in him now reposed. 
1945 (44) 337. 

^§4-103. Unlawful advertisements. 

It shall be unlawful for any person to advertise any alcoholic liquors by 
means of billboards along public highways and streets. 
1945 (44) 337. 

^J § 4-104. Possession of firearm during unlawful manufacture, etc. 

If any person shall unlawfully manufacture, transport or sell any alcoholic 
beverages or aid or assist in any manner in such act and at the time of such 
unlawful manufacturing, transporting, selling, aiding or assisting shall carry 
on or about his person or have on or in any vehicle which he may be using 
to aid him in any such purpose or in his possession, actual or constructive, any 
firearm or any weapon of like kind he shall be guilty of a misdemeanor and, 
upon conviction, shall be confined in the penitentiary not less than one year 
nor more than three years. 
1942 Code § 1857; 1935 (39) 325. 

» § 4-105. Refusal to permit inspection. 

Any person who shall, upon demand of any officer or agent of the Tax 
Commission or of any peace officer refuse to allow full inspection of the 
premises or any part thereof or of the stocks and invoices of any licensee 
or who shall hinder or in any wise delay or prevent such inspection when 
demand is made therefore shall be deemed guilty of a misdemeanor and, 
upon conviction, be fined not more than two hundred dollars for each offense 

253 



J 



J 



§ 4-106 Code of Laws of South Carolina § 4-109 

or imprisoned for a period not exceeding sixty days, or both, in the discretion 
of the court. 
1945 (44) 337. 

§ 4-106. Rescuing liquors from officer. 

Every person who dispossesses or rescues or attempts to dispossess or 
rescue from a constable or other officer any alcoholic liquors or beverages 
taken or detained by such officer charged with the enforcement of this law 
shall, upon conviction, be punished by imprisonment for not less than three 
months nor more than twelve months or by a fine of not less than one hun- 
dred dollars nor more than five hundred dollars. 

1942 Code § 1891; 1932 Code § 1867; Cr. C. '22 § 855; Cr. C. '12 § 832; Cr. C. '02 § 592; 
1896 (22) 127; 1897 (22) 805; 1901 (23) 705. 

§ 4-107. Penalties for violations. 

Every violation of any provision of this chapter shall be a misdemeanor and. 
upon conviction, shall be punished as follows : 

(1) For the violation of the provisions of §§ 4-94, 4-98 and 4-99 for the first 
conviction or plea of guilty a fine of not more than one hundred dollars or 
imprisonment of not more than thirty days, and on each subsequent convic- 
tion a fine of not more than one thousand dollars or imprisonment for not 
more than one year, either or both, at the discretion of the trial judge; and 

(2) For each violation of any other provision of this chapter, except where 
a different punishment is expressly provided, a fine or imprisonment in the 
discretion of the court of general sessions. 

1945 (44) 337; 1949 (46) 645; 1951 (47) 546. 

This section does not contemplate a sen- ment. State v. Brandon, 210 S. C. 495, 43 
tence in the alternative, a fine or imprison- S. E. (2d) 449. 

§ 4-108. Distribution of fines. 

In all prosecutions for violation of the provisions of this chapter when 
municipal officers are solely responsible for discovering the violation or pro- 
ducing the witnesses or the evidence upon which a conviction is had the 
fines collected shall be equally divided between the county and such munici- 
pality. The municipality's portion shall be paid upon voucher issued by the 
governing body of the county after approval of a claim duly filed, setting 
forth the case and the witnesses produced. 

1945 (44) 337. 

§ 4-109. Illegal liquor in unlawful possession contraband; seizure and disposi- 
tion. 
All alcoholic liquors found in the possession, custody, or within the control 
of any person which are handled, stored, used or distributed in violation of 
any of the provisions of this chapter or with the design of avoiding pay- 
ment of any license taxes provided in chapter 14 of title 65 are hereby 
declared to be contraband and may be seized by the Tax Commission and 

254 



§4-110 Alcohol and Alcoholic Beverages §4-113 

its agents, or any peace officer, without warrant, and disposed of in like man- 
ner as is provided in § 4-1 1 1. 
1945 (44) 337. 

J §4-110. Liquor elsewhere than in licensed store contraband; seizure and dis- 
position. 

All alcoholic liquors found in any place of business, as such words are used 
and denned § 4-95, other than a licensed liquor store, are hereby declared to 
be contraband, and shall be subject to seizure, confiscation and sale by the 
Tax Commission, its respective agents or any peace officer, without warrant, 
and disposed of in like manner as is provided in § 4-111. 

1945 (44) 337. 

f, §4-111. Unstamped liquor contraband; seizure and sale. 

S\r*/ Any alcoholic liquors found in the possession of any one within this State 
not having affixed to the bottle or container the stamps required in chapter 14 
of title 65 are hereby declared to be contraband and the same may be seized 
by the Tax Commission or its agents or by any peace officer, without war- 
rant, fend the sheriff of the county in which such seizure is made shall take 
possession of such alcoholic liquors so seized for sale at public auction to the 
highest bidder, after due advertisement. But no such sale shall be made to 
any person other than a licensed manufacturer, wholesaler or retail dealer 
licensed under the provisions of this chapter and the sheriff before delivery to 
any purchaser of any goods so seized shall require the purchaser to affix the 
proper amount of stamps to the individual packages. 
1945 (44) 337. 

Unstamped liquor subject to seizure. — ■ For a treatment of related section prior 

Where Tax Commission gave unauthorized to the enactment of the Alcoholic Beverage 

permission for delivery of liquor to army Control Act of 1945, see Fort Sumter Hotel 

reservations without a stamp and subse- v. South Carolina Tax Comm., 201 S. C. 

quent to delivery the liquor was stored off 50, 21 S. E. (2d) 393. 

the reservation, it was subject to seizure as Cited in Query v. 206 Cases of Assorted 

contraband. One Hundred Second Cavalrv Liquor, 49 F. Supp. 693. 
Officers' Club v. Heise, 201 S. C. 68, 21 
S. E. (2d) 400, construing similar provision 
(§ 1845, Code of 1942), since repealed. 

v/§ 4-112. Only pure liquors sold; others destroyed. 

No alcoholic liquors except such as may have been manufactured by a li- 
censed manufacturer, either within or without the State, or alcoholic liquors 
of unquestioned purity and content shall be sold at public auction as provided 
in this article and any other liquors which may be confiscated shall be de- 
stroyed by the proper officers. 

1945 (44) 337. 

J § 4-113. Rejection of bid and resale. 

No liquors so sold shall be delivered within a period of five days after such 
sale during which time the Tax Commission may, in its discretion, reject any 
bid and order the liquors resold until a satisfactory bid is had. But after 

255 



§4-114 Code of Laws of South Carolina §4-117 

confiscated liquors are offered for sale, after advertisement, as herein provided 
on two different dates and no bids are made thereon the same shall be de- 
stroyed by the proper officers. 

1945 (44) 337. 

.f §4-114. Disposition of proceeds of sale. 

The proceeds of sale of any alcoholic liquors sold hereunder shall be imme- 
diately turned over to the Tax Commission to be thereafter turned over to 
the State Treasury, as otber funds collected by said Commission, after first 
paying the cost of confiscation and sale. 

1945 (44) 337. 

§ 4-115. Confiscation of chattels Used in illegal transportation. 

Any chattel used primarily and with knowledge of the owner in the trans- 
portation of alcoholic liquors in violation of the provisions of this chapter 
shall be subject to confiscation and sale in the same manner as provided for 
U/C/ unstamped alcoholic liquors, except that such chattel may be sold to any 
person and except further that when such chattel has been seized by muni- 
cipal officers the proceeds of such sale shall be paid to such municipality for 
its use, and otherwise it shall be paid to the county treasurer of the county 
where the chattel was seized. 

1945 (44) 337. 

Xf § 4-1 16. Procedure for confiscation of liquor or chattel. 

For the purpose of confiscating any such chattel or alcoholic liquors above 
V referred to the sheriff shall proceed as nearly as may be practicable under 
the provisions of §§ 65-859 to 65-864. 

1945 (44) 337. 

§ 4-117. Use of vehicles confiscated in Dorchester County. 

Any automobile or motor vehicle seized by the sheriff of Dorchester County 
and confiscated in accordance with provisions of §§ 4-93, 4-115 and 4-116 may 
be used by the sheriff's office for the purpose of law enforcement. If any auto- 
mobile or other motor vehicle so confiscated and forfeited is not deemed suit- 
able by the sheriff for the use of the sheriff's office then such automobile or 
motor vehicle shall be sold at public sale in accordance with the provisions 
of law governing such sale and the proceeds thereof shall be placed in a special 
fund with the county treasurer until such time as such funds shall become 
large enough to purchase an automobile or automobiles for the use of the 
sheriff's office in law enforcement. 

1950 (46) 2412. 



256 




§ 4-201 



Alcohol and Alcoholic Beverages 



§ 4-202 



CHAPTER 2. 
Beer, Ale, Porter and Wine. 



Article 1. 



General Provisions and Certain 
Offenses. 

Sec. 

4-201. Nonalcoholic and nonintoxicating 
beverages denned. 

4-202. Unlawful to sell unless tax thereon 
paid. 

4-202.1. Wholesalers to sell beer for cash 
only. 

4-202.2. Maximum retail prices. 

4-203. Sale to minor under eighteen years. 

4-204. Sale between Saturday night and 
Monday morning prohibited. 

4-205. Same; different hours in certain coun- 
ties. 

4-206. Taking samples from retailers for 
analysis. 

Article 2. 

Permits for Sales. 

4-211. Permit for selling required. 
4-212. Qualifications for permit. 
4-213. Application; issue of permit. 
4-214. Retail permit for wholesaler of beer. 
4-214.1. Fifteen day permits. 
4-214.2. Transfer of permit. 
4-214.3. Revocation of permits. 
4-214.4. Penalty for failure to secure permit. 
4-215. Acts prohibited on licensed premises. 
4-216. Hearing on revocation or suspension 
of permit. 



Sec. 

4-217. Appeal from order of revocation or 
suspension. 

4-218. Surrender of revoked or canceled li- 
cense. 

4-219. Sale of beer or wine after license re- 
voked, canceled or suspended. 

4-220. Penalties. 

Article 3. 
Provisions Affecting Wine Only. 

4-221. Federal regulation for labeling and 

advertising wines adopted. 
4-222. Substandard, improperly labeled, etc., 

wines not to be sold. 
4-223. Sale of wines with certain substances 

added. 
4-224. Inspection of wines and regulation of 

containers therefor. 
4-225. Penalties for violation of article. 
4-226. Administration and enforcement. 

Article 4. 

Construction and Operation of 
Breweries and Wineries. 

4-231. Construction and operation of brew- 
ery or winery. 

4-232. Permit and license tax. 

4-233. Stamps to be affixed to products. 

4-234. Rules and regulations of Commission. 

4-235. Operating without permit; penalties. 

4-236. Administration and enforcement of 
article. 



Article 1. 
General Provisions and Certain Offenses. 

§ 4-201. Nonalcoholic and nonintoxicating beverages defined. 

All beers, ales, porter and other similar malt or fermented beverages con- 
taining not in excess of five per cent of alcohol by weight and all wines con- 
taining not in excess of twenty-one per cent of alcohol by volume are hereby 
declared to be nonalcoholic and nonintoxicating beverages. 

1942 Code § 2557-1; 1935 (39) 1211; 1936 (39) 1780; 1938 (40) 1811; 1939 (41) 302. 



Purpose of section. — It is clear from a 
reading of the whole act that the definition 
under this section was adopted for no pur- 
pose other than to regulate and control the 



sale of wine and beer, and to facilitate the 
enforcement of the license tax imposed. 
State v. Turner, 198 S. C. 499, 18 S. E. (2d) 
376. 



§ 4-202. Unlawful to sell unless tax thereon paid. 

It shall be unlawful for any person to sell or permit to be sold any beer, 
ale, porter, wine, malt or other beverage authorized to be sold under this 
(ISC Code] — 17 257 



§ 4-202.1 Code of Laws of South Carolina § 4-204 

chapter on which the tax levied be not paid. Any person having charge of 
the sale of any such beverage who shall sell or permit it to be sold in viola- 
tion of the provisions of this section shall be guilty of a misdemeanor and 
shall be fined for each offense not less than twenty-five dollars nor more 
than one hundred dollars or imprisoned for a period of not less than ten days 
nor more than thirty days in the discretion of the court. 

1942 Code § 2557-6; 1933 (38) 287, 576; 1934 (38) 1439; 1935 (39) 268. 

§ 4-202.1. Wholesalers to sell beer for cash only. 

All beer or wine sold by wholesalers to the holders of retail licenses in this 
State shall be sold for cash only at the time of delivery or prior thereto. Cash 
shall mean money or a bona fide check or money order. Any holder of a re- 
tail permit who issues a check in payment for beer or wine with insufficient 
funds at the bank to cover it shall have violated the provision of this section. 
This provision for cash payment shall apply to cash deposits on empties when 
beer is delivered in returnable containers. This deposit shall be not less than 
the charge from the brewery to the wholesaler and in no event less than sixty 
cents per case of twenty-four twelve ounce bottles or twelve one quart bottles. 

1951 (47) 710. 

§ 4-202.2. Maximum retail prices. 

The maximum sales price which may be charged by any retail dealer for 
beer and wine shall be the delivered cost thereof to such retail dealer, includ- 
ing the State taxes thereon, plus forty per cent thereof. Any sale of beer 
or wine at a price in excess of the applicable price fixed hereon shall constitute 
a violation of this section. The retail selling price of beer and wine shall be 
calculated to the nearest multiple of one cent. 

1942 Code §2557-2; 1935 (39) 1211; 1936 (39) 1780; 1938 (40) 1811; 1939 (41) 302; 
1951 (47) 546. 

§ 4-203. Sale to minor under eighteen years. /■ / 

It shall be unlawful for any person to sellfbeer, ale, porter, wine or any 
other similar malt or fermented beverage to a mino r under the age of eighteen*- 
years. Any person making such unlawful sale^to a minor under the age of 
eighteen years shall be subject to a fine of from one hundred to two hundred 
dollars or to imprisonment of from thirty to sixty days, or both, in the discre- 
tion of the court. 

1942 Code § 2557-10; 1935 (39) 263; 1940 (41) 1818. 

§ 4-204. Sale between Saturday night and Monday morning prohibited. 

It shall be unlawful for any person to sell or offer for sale any wine or beer 
in this State between the hours of twelve o'clock Saturday night and sunrise 
Monday morning. An)' person violating the provisions of this section shall 
be punishable by a fine of not more than one hundred dollars, or be imprisoned 
for not exceeding thirty days. The right of any person to sell wine and 
beer in this State at any time under a license issued by the State shall be 

258 [ I SC Code] 



§4-205 Alcohol and Alcoholic Beverages §4-211 

forfeited and the license revoked upon his conviction of violating the pro- 
visions of this section. 
1947 (45) 524. 

§ 4-205. Same ; different hours in certain counties. 

It shall be unlawful for any person to sell or offer for sale any wine or beer 
within any county of this State having a population as shown by the six- 
teenth census of the United States, commonly known as the census of 1940, 
of more than seventeen thousand five hundred and less than eighteen thousand 
five hundred, between the hours of eleven o'clock p. m. Saturday night and 
sunrise Monday morning. 

Any person violating the provisions of this section shall be guilty of a mis- 
demeanor and punished by a fine of not more than one hundred dollars or 
imprisonment for not more than thirty days. 

1943 (43) 183. 

§ 4-206. Taking samples from retailers for analysis. 

The State constabulary and all other peace officers may, when and as direct- 
ed by the Governor, take samples of all beers, ales, porters, wines and similar 
malt and fermented beverages from any and all retailers thereof for the pur- 
pose of ascertaining by analysis the alcoholic content. The sample so taken 
shall be the smallest bottle or container of any particular brand of which a 
sample is taken. In case a sample is taken from bulk beverages the sample 
shall not exceed one pint. The samples shall immediately upon being taken 
have affixed to them a label giving the date, place and name of the retailer 
from whom they were taken, together with the name of the officer taking the 
same, and shall be forthwith transmitted with the original seal unbroken 
to the State chemist. The State chemist shall furnish a report of his analysis 
of all samples to the Governor, with a duplicate to the retailer from whom 
the sample was taken. In the event the alcoholic content is found in excess 
of that allowed by law in beverages of this kind the chemist shall transmit to 
the Governor with his report of the analysis the residue of the sample taken 
to be preserved and used as evidence. 

1942 Code § 1859; 1935 (39) 325. 

Article 2. 

Permits for Sales. 

§ 4-211. Permit for selling required. 

Every person engaging in the business of selling beer, ale, porter, wine or 
ff any beverage which has been declared to be nonalcoholic and nonintoxicating 
/ under the provisions of § 4-201 shall apply to the South Carolina Tax Com- 
mission for a permit to sell such beverages. Retail dealers shall pay to the 
A Commission twenty-five dollars per annum for retail permits and wholesale 
^7 dealers shall pay to the Commission four hundred dollars per annum for whole- 
j i> *sale permits. But retail permits may be issued by the Commission for the 
sale of beer for consumption off of the premises of the retailer for five dollars 

259 



§ 4-212 Code of Laws of South Carolina § 4-214.3 

per annum. Permits shall be issued for the State's fiscal year upon the pay- 
ment of the fees provided herein for a full year. Separate permits shall be 
required for each separate place of business. 

1942 Code § 2557-5; 1935 (39) 576; 1938 (40) 1752; 1951 (47) 546. 

§4-212. Qualifications for permit. 

No permit authorizing the sale of beer or wine shall be issued to any per- 
son unless such person is a citizen of the United States, is a person of good 
moral character and has not within two years had revoked any permit issued 
to him under the laws of this State permitting the sale of alcoholic liquors, 
beer or wine and unless the location of such person's proposed place of busi- 
ness is a proper one. 

1942 (42) 1739. 

§ 4-213. Application ; issue of permit. 

When upon the filing of a verified application with the Tax Commission 
it is shown that the foregoing qualifications and conditions are met and when 
upon investigation of the Commission it is determined by the Commission 
that the applicant is a fit person to sell beer or wine and that the location of 
the proposed place of business is a proper one, the Commission shall issue 
a permit to such applicant to sell beer or wine on the premises described in 
the application upon the payment of the fee prescribed by law. Any mis- 
statement or concealment of fact in an application shall be a sufficient ground 
for the revocation of the permit issued by reason of such application. 

1942 (42) 1739. 

§ 4-214. Retail permit for wholesaler of beer. 

A wholesaler of beer and other malt beverages may be permitted a retail 
permit only for the location where he is licensed to sell beer at wholesale 
and no wholesaler, nor his agents or partners shall be permitted a beer retail 
permit for any other retail location. 

1951 (47) 546. 

§4-214.1. Fifteen day permits. 

The Commission may issue permits running for a period not exceeding fif- 
teen days for a fee of five dollars. Such special permits shall be issued only for 
locations at fairs and special functions. 

1951 (47) 546. 

§4-214.2. Transfer of permit. 

A fee of five dollars shall be payable to the Commission for the transfer of 
the location of any beer and wine permit issued. 

1951 (47) 546. 

§ 4-214.3. Revocation of permits. 

In addition to the penalties provided herein, the Commission may revoke 

260 



§ 4-214.4 Alcohol and Alcoholic Beverages § 4-216 

the permit of any person failing to comply with any or all of the requirements 
hereof. 
1951 (47) 546. 

§ 4-214.4. Penalty for failure to secure permit. 

Any dealer, wholesale or retail, failing to secure a permit required in this 
article shall be guilty of a misdemeanor and, upon conviction, shall be subject 
to a fine of not less than ten dollars nor more than one hundred dollars or im- 
prisonment not less than ten days nor more than thirty days, in the discre- 
tion of the court. Each day that such business is carried on without a permit 
shall constitute a separate offense. 

1942 Code §2557-5; 1935 (39) 576; 1938 (40) 1752; 1946 (44) 1463; 1951 (47) 546. 

§ 4-215. Acts prohibited on licensed premises. 

No holder of a permit authorizing the sale of beer or wine or any servant, 
agent or employee of the permittee shall knowingly do any of the following 
acts upon the licensed premises covered by such holder's permit: 

(1) Sell beer or wine to a minor ; 

(2) Sell beer or wine to any person while such person is in an intoxicated 
condition ; 

(3) Permit gambling or games of chance ; 

(4) Permit any lewd, immoral or improper entertainment, conduct or prac- 
tices; 

(5) Permit any act, the commission of which tends to create a public 
nuisance or which constitutes a crime under the laws of this State; or 

(6) Sell, offer for sale or possess any beverage or alcoholic liquor the sale 
or possession of which is prohibited on the licensed premises under the law 
of this State. 

A violation of any of the foregoing provisions shall be a ground for the revo- 
cation or suspension of such holder's permit. 
1942 (42) 1739. 

§ 4-216. Hearing on revocation or suspension of permit. 

The Tax Commission shall have jurisdiction of any proceedings brought 
for the revocation or suspension of permits authorizing the sale of beer or 
wine. The Commission may, on its own initiative or on complaint signed 
and sworn to by two or more freeholders resident for the six preceding 
months in the community in which the licensed premises are located or by 
any local peace officer, all of whom are hereby charged with the duty of re- 
porting immediately to the Commission any violation of the provisions of 
§ 4-215 hereof, institute proceedings to revoke or suspend any such permit 
after a hearing at which the permittee shall be given an opportunity to be 
heard. Such hearing shall be held in such manner and upon such notice as 
may be prescribed by rules of the Commission. The judgment of the Com- 
mission revoking or suspending such permit shall not be superseded or stayed 
during the pendency of an appeal therefrom. 

1942 (42) 1739. 

261 



§ 4-217 Code of Laws of South Carolina § 4-222 

§ 4-217. Appeal from order of revocation or suspension. 

Any appeal from the decision of the Commission revoking or suspending 
such permit shall be to the court of common pleas of the county in which 
the permittee resides and the cause shall be tried at chambers de novo be- 
fore the resident circuit judge or any circuit judge who may be presiding in 
the county. 

1942 (42) 1739. 

§ 4-218. Surrender of revoked or cancelled license. 

Upon the revocation, cancellation or suspension of a license or permit to 
sell beer or wine, at wholesale or retail, the licensee shall immediately sur- 
render his license to the Tax Commission. 

1951 (47) 428. 

§ 4-219. Sale of beer or wine after license revoked, cancelled or suspended. 

It shall be unlawful for any licensee, or any holder of a license to sell beer 
or wine at wholesale or retail, to sell or offer to sell beer or wine after such 
license shall have been revoked or cancelled or during the period of a suspen- 
sion of such license. 

1951 (47) 428. 

§4-220. Penalties. 

Any person violating any of the provisions of §§ 4-218 or 4-219 shall be 
guilty of a misdemeanor and upon conviction shall be punished by a fine of 
not less than twenty dollars nor more than one hundred dollars or by im- 
prisonment for not less than ten days nor more than thirty days, or by both 
such fine and such imprisonment, in the discretion of the court, 

1951 (47) 428. 

Article 3. 
Provisions Affecting Wine Only. 

§ 4-221. Federal regulation for labeling and advertising wines adopted. 

Regulation No. 4 of the Treasury Department, Federal Alcohol Admin- 
istration Division, relating to "Labelling and Advertising of Wine", is here- 
by adopted for the labeling and advertising of wine sold or offered for sale 
in this State, except in so far as the same shall differ from existing laws of 
the State or from any regulations adopted by the South Carolina Tax Com- 
mission. 

1942 Code § 2557-13; 1940 (41) 1782. 

§ 4-222. Substandard, improperly labeled, etc., wines not to be sold. 

It shall be unlawful for any person to import, sell or offer for sale in this 
State wines of which the labels, standards or identity do not conform to the 
provisions of said Regulation No. 4. Imitation, concentrate and substandard 
wines, as denned in said Regulation No. 4, are hereby prohibited from sale 
in this State. 

1942 Code § 2557-14; 1940 (41) 1782. 

262 



§ 4-223 Alcohol and Alcoholic Beverages § 4-226 

§ 4-223. Sale of wines with certain substances added. 

The importation into, offering for sale or sale in this State of any product 
as "wine" to which any substance shall have been added, except as permitted 
by Federal law and regulations and except pure fruit or vegetable products 
derived from the same kind of fruit or vegetable from the juice of which the 
wine was fermented, is hereby prohibited and declared to be a misdemeanor. 

1942 Code § 2557-15; 1940 (41) 1872. 

§ 4-224. Inspection of wines and regulation of containers therefor. 

The Tax Commission shall provide for the inspection of all wines imported 
into or offered for sale in this State, the expense thereof to be paid from 
the proceeds of the wine tax. The Commission may also make regulations 
as to the containers. in which wine may be sold at retail and to declare to be 
"undesirable wine packages'' any wine sold in a container prohibited in such 
regulations or any wine the sale of which is prohibited in §§ 4-222 or 4-223. The 
offering for sale or sale in this State of any undesirable wine packages, as 
declared by the Commission, under this section, is hereby prohibited and de- 
clared to be a misdemeanor. 

1942 Code § 2557-16; 1940 (41) 1782. 

§ 4-225. Penalties for violation of article. 

Any person who shall violate any provision of this article or any rule or 
regulation promulgated by the Tax Commission under the authority of 
this article shall, upon conviction thereof, be punished by a fine of not less than 
one hundred dollars nor more than five hundred dollars or by imprisonment 
for not less than thirty days nor more than six months, or both such fine 
and imprisonment, in the discretion of the court. Any person convicted of 
violating any of the provisions of this article or any rules or regulations 
of the Tax Commission made under authority of this article shall forfeit 
his permit to sell wine and shall not thereafter for a period of two years 
be permitted to engage in any business taxable under the provisions of this 
chapter. 

1942 Code § 2557-17; 1940 (41) 1782. 

§ 4-226. Administration and enforcement. 

For the administration and enforcement of this article the Tax Commis- 
sion may expend whatever amounts are necessary for salaries, supplies and 
other expenses from the revenues collected by the Commission from beer 
and wine. The Commission shall submit to the State Budget and Control 
Board an itemized estimate of its needs and said Board shall approve the 
amounts and order the transfer of such amounts to the appropriation ac- 
counts of the Tax Commission. 

1942 Code § 2557-18; 1940 (41) 1782. 



263 



§ 4-231 Code of Laws of South Carolina § 4-234 

Article 4. 
Construction and Operation of Breweries and Wineries. 

§ 4-231. Construction and operation of brewery or winery. 

Any person may construct, maintain or operate any brewery or winery 
within this State for the production of any of the beverages legalized under 
this chapter. 

1942 Code § 2557-12; 1935 (39) 1211; 1936 (39) 1477. 

§ 4-232. Permit and license tax. 

Any person desiring to construct, maintain or operate a brewery or winery 
under the provisions of this article shall first apply to the Tax Commission for 
a permit so to do. Such application shall be in writing in such form as the 
Commission may prescribe and such person so applying for such permit 
shall be subject to the payment of an annual license tax upon each brewery and 
on each commercial winery to be established and operated of one hundred dol- 
lars which shall be paid to and collected by the Commission before a permit 
is issued. But the owner and operator of any such winery who consumes 
in the operation thereof only the fruits produced on his own farm or prem- 
ises shall be subject to the payment of a license fee of only five dollars per 
annum. Each and every license or permit shall expire on the thirty-first day of 
December of each and every year. The fees charged for permits for the 
operation of breweries and wineries, as provided herein, shall be prorated 
quarterly on January 1st, April 1st, July 1st and October 1st of each year and 
any brewer or commercial wine manufacturer commencing business during 
one of these quarters shall be required to pay for the quarter in which busi- 
ness is commenced and for the quarters during the remainder of the year but 
no refund shall be made to a dealer who ceases business after securing a 
permit. 

1942 Code § 2557-12; 1935 (39) 1211; 1936 (39) 1477. 

§ 4-233. Stamps to be affixed to products. 

All wines and brewed products referred to in this article shall be stamped 
by the manufacturer or producer in the manner provided by law for paying 
the tax on soft drinks and at the rates provided in article 4 of chapter 10 of 
Title 65. But a manufacturer or producer of beer or wine shall not be required 
to affix the tax paid crowns or stamps to beer and wine intended to be sold 
outside this State. 

1942 Code § 2557-12; 1935 (39) 1211; 1936 (39) 1477. 

§ 4-234. Rules and regulations of Commission. 

The Tax Commission shall make rules and regulations for the operation of 
breweries and commercial wineries authorized under this article. Such rules 
and regulations after they are reduced to writing, filed with the Secretary 
of State as required by law and mailed or otherwise delivered to a person 
operating a brewery or winery shall have the force and effect of law and 

264 



§ 4-235 



Alcohol and Alcoholic Beverages 



§4-301 



upon violation of any such rules and regulations the license or permit pro- 
vided for herein shall be forthwith canceled and become null and void. 
1942 Code §§2118-3, 2557-12; 1935 (39) 1211; 1936 (39) 1477; 1937 (40) 174. 

§ 4-235. Operating without permit ; penalties. 

Any person operating a brewery or winery without having secured a permit 
from the Commission or after the same has been canceled by the Commis- 
sion shall be guilty of a misdemeanor and, upon conviction, shall be fined 
not less than one hundred dollars nor more than five thousand dollars or 
imprisoned not more than one year, either or both. 

1942 Code § 2557-12; 1935 (39) 1211; 1936 (39) 1477. 

§ 4-236. Administration and enforcement of article. 

For the purpose of administration and enforcement of this article so much 
of article 2 of chapter 10 of Title 65, wherever applicable, is hereby adopted 
and made a part hereof. 

1942 Code § 2557-12; 1935 (39) 1211; 1936 (39) 1477. 



CHAPTER 3. 
Alcohol. 



Article 1. 
Sale and Use by Druggists. 
Sec. 
4-301. When wholesale druggist may sell; 

monthly statement. 
4-302. Sale and use by retail druggists. 
4-303. Sale for medicinal purposes only up- 
on physicians' prescriptions. 
4-304. Form of such prescriptions. 
4-305. When and how prescriptions may be 

filled. 
4-306. Sale for use in arts or scientific and 

mechanical purposes. 
4-307. Statement by purchaser; filing by 

druggist. 
4-308. Prescriptions and statements to be 

recorded. 
4-309. Record of sales; inspection of same. 
4-310. Reports to court, etc. 
4-311. Revocation of license for violation of 

article. 



Article 2. 
Other Regulations. 

Sec. 

4-321. Manufacture of ethyl or methyl alco- 
hol. 

4-322. Eond. 

4-323. Ethyl alcohol not to be sold in this 
State unless denatured. 

4-324. Alcohol manufactured hereunder not 
to be used as beverage. 

4-325. Regulation of shipment; storage in 
warehouses. 

4-326. Storing in warehouses required. 

4-327. Record of shipments. 

4-328. Forfeiture for violation of article. 

4-329. Prima facie evidence of violation. 

4-330. Disposition of forfeited property. 

4-331. Importation of alcohol for manufac- 
ture of soft drinks. 

4-332. Sale of wood or denatured alcohol. 



Article 1. 

Sale and Use by Druggists. 

§4-301. When wholesale druggist may sell; monthly statement. 

Wholesale druggists may lawfully sell in wholesale quantities to retail 
druggists and to public or charitable hospitals or to medical or pharma- 

265 



§ 4-302 Code of Laws of South Carolina § 4-303 

ceutical colleges, and in no other way, pure alcohol for medical purposes 
only or grain alcohol to be used by chemists or bacteriologists actually en- 
gaged in scientific work and for such purposes only. Any such wholesale 
druggist shall at the end of each month in which any such sales have been 
made file with the clerk of the court of the county in which he does busi- 
ness a statement in writing under oath giving the name of the purchaser, 
the price paid, the date of sale and the quantity and character of the alco- 
hol sold. If such wholesale druggist making such sale is not a resident of 
this State then such statement shall be filed in the office of the clerk of 
the court of the county in which the purchaser resides. 

1942 Code § 1S64; 1932 Code § 1830; Cr. C. '22 § 821; Cr. C. '12 § 795; 1909 (26) 60. 

Section not repealed. — This section was toxicating liquors for personal use. Mat- 
not repealed by implication by 1915 act in- thews Co. v. Atlantic Coast Line R. Co. 
tending to restrict the right to import in- 102 S. C. 494, 86 S. E. 1069. 

§ 4-302. Sale and use by retail druggists. 

Any retail druggist whose place of business is located in any of the in- 
corporated towns or cities of this State and who is a registered or licensed 
pharmacist or who regularly employs a registered or licensed pharmacist 
may sell, in the manner set out in the article, upon filing a bond in the sum of 
five thousand dollars to be approved by the clerk of the court of the county 
in which such druggist does business, conditioned for a faithful observ- 
ance of the provisions of this article, pure alcohol for medical purposes 
only and grain alcohol to chemists and bacteriologists actually engaged 
in scientific work and for such purposes only. But nothing herein con- 
tained shall prevent such druggists from using alcohol in the compounding 
of prescriptions or other medicines, the sale of which would not subject 
him to the payment of a special tax required of liquor dealers by the gov- 
ernment of the United States nor prevent such druggists from compound- 
ing or selling medicinal preparations manufactured in accordance with for- 
mulas prescribed by the United States pharmacopoeia and national formulary 
which contain no more alcohol than is necessary to extract the medicinal 
properties of the drugs contained in such preparations and no more alco- 
hol than is necessary to hold the medicinal agents in solution and which 
are manufactured and sold as medicines and not as beverages. 

1942 Code § 1865; 1932 Code § 1831; Cr. C. '22 § 823; Cr. C. '12 § 796; 1909 (26) 60; 
1935 (39) 325. 

Cited in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§ 4-303. Sale for medicinal purposes only upon physicians' prescriptions. 

No sale of pure alcohol for medicinal purposes shall be made by any retail 
druggist except upon the prescription of a regular practicing physician of this 
State who, before writing such prescriptions, shall make an actual examina- 
tion of the person for whom the prescription is issued. 

1942 Code § 1866; 1932 Code § 1832; Cr. C. '22 § 824; Cr. C. '12 § 797; 1909 (26) 60. 

Cited in Lambert v. Yellowley, 272 U. S. Co. v. Atlantic Coast Line R. Co., 102 S. C. 
581, 47 S. Ct. 210, 71 L. Ed. 422; Matthews 494, 86 S. E. 1069. 

266 



§ 4-304 Alcohol and Alcoholic Beverages § 4-307 

§ 4-304. Form of such prescriptions. 

Any such prescription shall be substantially in the following form : "State 

of South Carolina County. To druggist. 

I , a regular licensed and practicing physician under 

the laws of this State, do hereby certify that I have examined , 

a patient in my charge, and I do hereby prescribe for the use of said patient 

alcohol. I further certify that the use of such alcohol is. 

in my judgment, absolutely necessary to alleviate or cure the illness or disease 
from which said patient is now suffering and that I am not interested in the 
drug store to which this prescription is directed nor in the profits on the drugs 
herein prescribed. 
Dated M. D." 

1942 Code § 1866; 1932 Code § 1S32; Cr. C. *22 § 824; Cr. C. '12 § 797; 1909 (26) 60. 

Cited in Lambert v. Yellowley, 272 U. S. Co. v. Atlantic Coast Line R. Co., 102 S. C. 
581, 47 S. Ct. 210, 71 L. Ed. 422; Matthews 494, 86 S. E. 1069. 

§ 4-305. When and how prescriptions may be filled. 

No prescription shall be filled except upon the day upon which it is issued 
or the following da}' and no more than one-half pint of alcohol shall be sold 
and delivered on any one prescription. When such prescription is filled it 
shall not be refilled but shall be delivered to the druggist filling the same and 
at the end of the month in which the same is filled it shall be filed by such drug- 
gist in the office of the clerk of the court of the county in which such druggist 
is engaged in business. No druggist who is also a practicing physician shall 
fill his own prescription for pure alcohol nor shall it be filled at any drug store 
in which such physician is financially interested. The delivery of such alco- 
hol sold under such prescription shall be made only directly to the person for 
whom such prescription is issued, to the physician, or to some one authorized 
by the physician or in case of a minor to his parent, guardian, physician or 
some one authorized by such physician. 

1942 Code § 1867; 1932 Code § 1833; Cr. C. '22 § 825; Cr. C. '12 § 798; 1909 (26) 60. 

Cited in Lambert v. Yellowley, 272 U. S. Co. v. Atlantic Coast Line R. Co., 102 S. C. 
581, 47 S. Ct. 210, 71 L. Ed. 422; Matthews 494, 86 S. E. 1069. 

§ 4-306. Sale for use in arts or scientific and mechanical purposes. 

Any retail druggist whose place of business is located in any of the incor- 
porated towns or cities of the State may lawfully sell alcohol in quantities 
not greater than five gallons to be used in the arts or for scientific or me- 
chanical purposes and such druggist may sell, in like quantities, to chemists 
and bacteriologists engaged in scientific work and for such purposes only. 

1942 Code § 1868; 1932 Code § 1834; Cr. C. '22 § 826; Cr. C. '12 § 799; 1909 (26) 60; 1935 
(39) 325. 

Stated in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§ 4-307. Statement by purchaser; filing by druggist. 

Any person desiring to purchase alcohol for any of the purposes set out 
in § 4-306 shall sign a written printed statement giving his name, residence, 

267 



§ 4-308 Code of Laws of South Carolina § 4-310 

occupation and the purpose for which he intends to use such alcohol and he 
shall certify that the alcohol is purchased in good faith for such purpose and 
no other. The druggist shall, at the end of each month, file with the clerk 
of court of the county in which he is engaged in business all such statements, 
with a certificate under oath that the statements contain a true statement of 
all such sales. 

1942 Code § 1869; 1932 Code § 1835; Cr. C. '22 § 827; Cr. C. '12 § 800; 1909 (26) 60. 

Stated in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

i § 4-308. Prescriptions and statements to be recorded. 

All statements and prescriptions required by this article to be filed in the 
office of the clerk of court shall be recorded and properly indexed by him in 
a book kept for that purpose which shall at all times be open for public in- 
spection and a certified copy of such record, or the original statement or pre- 
scription, with the certificate of the clerk of court indorsed thereon showing 
that it has been recorded, shall be prima facie evidence of the facts recited 
therein. For making such record the clerk of the court shall be entitled to 
charge and collect for each prescription a fee of five cents and for each state- 
ment, other than a prescription, a fee of fifteen cents, which shall be paid by 
the party filing the same. 

1942 Code § 1870; 1932 Code § 1837; Cr. C. '22 § 829; Cr. C. '12 § 802; 1909 (26) 60. 

Stated in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§ 4-309. Record of sales ; inspection of same. 

In addition to the other requirements of this article all licensed and regis- 
tered druggists selling alcohol by prescription shall keep a record thereof 
which shall bear the true dates of the sales, the names of the persons to 
whom sales were made and the names of physicians or surgeons upon whose 
prescriptions sales were made. Such records shall be subject at all times 
to the inspection of the solicitor of the district, the sheriff and other peace 
officers of the county, the mayor and police officers of the city or town in 
which the licensed and registered pharmacist's business is located and all 
other persons. 

1942 Code § 1871; 1932 Code § 1838; Cr. C. '22 § 830; Cr. C. '12 § 803; 1909 (26) 60. 

Cited in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§4-310. Reports to court, etc. 

Each druggist making any such sales shall be required to report, under 
oath, to the circuit judge presiding at each term of court of the county in 
which the druggist is engaged in business a true statement of such facts and 
also file on Monday morning of each week a list of the alcohol sold by him, 
to whom sold and by what physician prescribed with the chief of police and 

26S 



§4-311 Alcohol and Alcoholic Beverages §4-324 

the mayor or intendant of the municipality and post one copy in some public 
place in such municipality. 

1942 Code § 1871; 1932 Code § 1838; Cr. C. '22 § 830; Cr. C. '12 § 803; 1909 (26) 60. 

Cited in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§ 4-311. Revocation of license for violation of article. 

Any druggist or physician who violates in any way the provisions of this 
article shall, in addition to the punishment herein provided, have his license 
revoked for a period of not more than one year for each offense. 

1942 Code § 1879; 1932 Code § 1848; Cr. C. '22 § 839; Cr. C. '12 § S12; 1909 (26) 64. 

Cited in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

Article 2. 
Other Regulations. 

§ 4-321. Manufacture of ethyl or methyl alcohol. 

Any person may manufacture ethyl and methyl alcohol from sawdust, slabs 

or any other wood substance or from molasses. 

1942 Code § 1872; 1932 Code § 1839; Cr. C. '22 § 831; Cr. C. '12 § 804; 1909 (26) 64; 1910 
(26) 570; 1918 (30) 780. 

Cited in Matthews Co. v. Atlantic Coast 
Line R. Co., 102 S. C. 494, 86 S. E. 1069. 

§4-322. Bond. 

Any person engaging in the manufacture of alcohol under the provisions 
of this article shall enter into a bond to the State in the sum of ten thousand 
dollars, with surety, to be approved by the Governor, conditioned for the 
faithful observance of and compliance with all the provisions of this article. 
The Attorney General and the circuit solicitors, whenever any provision of 
this article is violated, shall sue in any county in this State for the penalty 
of such bond for the benefit of the State. 

1942 Code § 1877; 1932 Code § 1844; Cr. C. '22 § 836; Cr. C. '12 § 809; 1910 (26) 570. 

§ 4-323. Ethyl alcohol not to be sold in this State unless denatured. 

No person engaged in the manufacture of ethyl alcohol as provided in 
§ 4-321 shall sell the same in this State unless it is denatured but such person 
may ship the same undenatured to any place without the State for use for 
manufacturing purposes and in the sciences and arts. 

1942 Code § 1873; 1932 Code § 1840; Cr. C. '22 § 832; Cr. C. '12 § 805; 1910 (26) 570. 

§ 4-324. Alcohol manufactured hereunder not to be used as beverage. 

No alcohol manufactured under the provisions of this article shall be used 
as a beverage or for medicinal purposes. 

1942 Code § 1873; 1932 Code § 1840; Cr. C. '22 § 832; Cr. C. '12 § 805; 1910 (26) 570. 

269 



§ 4-325 Code of Laws of South Carolina § 4-329 

§ 4-325. Regulation of shipment; storage in warehouses. 

Ethyl alcohol manufactured under the provisions of this article shall not 
be shipped to any point within this State unless it has been denatured and 
may be shipped to points without this State only in the manner provided in 
this section. Such alcohol may be carried from such warehouse as may be au- 
thorized under the provisions of this article and delivered to a common car- 
rier and forthwith shipped to its destination without this State. Such alcohol 
may also be transported to another bonded warehouse without this State 
when such shipment is made under bond, as required by the United States 
revenue laws. 

1942 Code § 1874; 1932 Code § 1841; Cr. C. '22 § 833; Cr. C. '12 § 806; 1910 (26) 570. 

§ 4-326. Storing in warehouses required. 

Any person manufacturing any alcohol under the provisions of this article 
shall, while such alcohol remains in this State, store and keep the same in a 
general United States bonded warehouse or in another warehouse and file with 
the Secretary of State a declaration setting forth the exact location, descrip- 
tion and dimension of each and every such warehouse used and to be used 
for such purpose. It shall be unlawful to store or keep any alcohol manufac- 
tured under the provisions of this article in any other place than such as 
may be described in the declaration above provided for. 

1942 Code § 1876; 1932 Code § 1843; Cr. C. '22 § 835; Cr. C. '12 § 808; 1910 (26) 570. 

§ 4-327. Record of shipments. 

A record shall be kept which shall show the quantity of alcohol manufac- 
tured, the quantity transported or shipped and to whom and where shipped. 
Such record shall be subject to the inspection of any attorney representing 
this State. 

1942 Code § 1875; 1932 Code § 1842; Cr. C. '22 § 834; Cr. C. '12 § 807; 1910 (26) 570. 

§ 4-328. Forfeiture for violation of article. 

If any person manufacturing alcohol under the provisions of this article 
shall sell or consent to be used as a beverage, either within or without this 
State, any ethyl alcohol so manufactured or shall violate the provisions of 
this article in any respect he shall forfeit to the State all property within this 
State connected with and incident to the manufacture of such alcohol. The 
Attorney General and the solicitors shall institute an action in any court 
of competent jurisdiction in any county of this State which the Attorney 
General or solicitor may select for determining whether the provisions of 
this article have been violated and whether the property has been thereby 
forfeited to the State. 

1942 Code § 1877; 1932 Code § 1844; Cr. C. '22 § 836; Cr. C. '12 § 809; 1910 (26) 570. 

§ 4-329. Prima facie evidence of violation. 

It shall be prima facie evidence of the violation of the provisions of this 
article if any ethyl alcohol so manufactured and not denatured shall be found 
within this State and not in the custody of a United States revenue officer 

270 



§ 4-330 Alcohol and Alcoholic Beverages § 4-332 

or not in course of shipment to some point in another State. But a reason- 
able time shall be allowed for conveying the alcohol directly from a ware- 
house to a common interstate carrier. 

1942 Code § 1877; 1932 Code § 1844; Cr. C. '22 § 836; Cr. C. '12 § 809; 1910 (26) 570. 

§ 4-330. Disposition of forfeited property. 

Any and all property forfeited under the provisions of this article shall be 
delivered to the State Budget and Control Board. 

1942 Code § 1878; 1932 Code § 184S; Cr. C. '22 § 837; Cr. C. '12 § 810; 1910 (26) 570. 

§ 4-331. Importation of alcohol for manufacture of soft drinks. 

Any person manufacturing in this State ginger ale or similar soft drinks in 
which there is an alcoholic ingredient not exceeding one-third of one per 
cent may import alcohol into this State or order and receive the same from 
another State in quantities not exceeding ten gallons, for which no permit 
shall be required. But such person shall first file with the clerk of court of 
the county in which his manufacturing plant is located a bond with an ap- 
proved surety company as surety in the sum of one thousand dollars, to be 
forfeited to the State upon proof of misuse of such alcohol or disposition of it 
otherwise than as contemplated in this section for the manufacture of such 
product. The solicitor shall bring action upon such bond upon information 
or belief, as he may see fit. 

1942 Code § 1897; 1932 Code § 1893; Cr. C. '22 § 880; 1917 (30) 69. 

§ 4-332. Sale of wood or denatured alcohol. 

Nothing in this article shall prevent the sale of wood or denatured alcohol. 

1942 Code § 1872; 1932 Code § 1839; Cr. C. '22 § 831; Cr. C. '12 § 804; 1909 (26) 64; 
1910 (26) 570; 1918 (30) 780. 



CHAPTER 4. 
Nuisances, Enforcement and Other Miscellaneous Provisions. 

Article 1. Article 2. 

Nuisances. Enforcement and Other General 

c_ c Provisions. 

4-401. Unlawful sale, etc., of alcoholic liq- Sec. 

uors a common nuisance. 4-411. Sale of alcoholic liquors and bever- 
4-402. Resorts for drinking declared nuis- ages not properly branded; confis- 

ance. cation. 

4-403. Warrant for arrest and search war- 4 . 412 . Debt contracted for transporting or 

rant; seizure. sellinc illicit liquors void. 

4-404. Arrest and trial. ■ ,,- ~ . , .. , . 

a jnc t • •• 4-413. fersons violating law may be ar- 
4-405. Injunction. . . ... . 6 J 

a \nc r l j- / • i *• rested without warrant. 

4-406. Contempt proceedings for violation 

of order. 4-414. How search warrants may be issued. 

4-407. Custody of liquors, etc., seized; no 4-415. Affidavits for search warrants to set 

damages for detention. fortn sources of information. 

4-408. Failure of solicitor to perform duty. 4-416. Interference with officers forbidden. 

271 



§ 4-401 



Code of Laws of South Carolina 



§ 4-402 



Sec. 

4-417. Punishment for violations of law in 
cases not specifically prescribed. 

4-418. Suspension of officers neglecting 
duty. 

Article 3. 

Local Enforcement Provisions. 

4-419. Sheriffs to report seizures in certain 
counties. 



Sec. 

4-420. Destruction of liquors seized by rural 
police in Chester County. 

4-421. Confiscation of contraband materials 
in Florence County. 

4-422. Reports of seizures in Laurens Coun- 
ty. 

4-423. Enforcement and sale of contraband 
supplies in Marlboro County. 



Article 1. 

Nuisances. 

§ 4-401. Unlawful sale, etc., of alcoholic liquors a common nuisance. 

The unlawful sale, barter, exchange, storage and keeping in possession 
in this State of any spirituous, malt, vinous, fermented, brewed (whether 
lager or rice beer) or other liquors or beverages or any compound or mix- 
ture thereof which contains alcohol and is used as a beverage is hereby de- 
clared a common nuisance. 

1942 Code § 1880; 1932 Code § 1853; Cr. C'22 § 844; Cr. C. '12 § 817; Cr. C. '02 § 555; 
1893 (21) 430; 1894 (21) 731; 1896 (22) 123; 1897 (22) 532; 1910 (26) 572. 



Common-law and statutory offense may 
be joined. — The common-law offense of this 
section may be joined with the statutory 
offense of § 4-402 where the offenses 



charged are of the same character and 
spring from the same transaction. State v. 
Lee, 203 S. C. 536, 28 S. E. (2d) 402. 



§ 4-402. Resorts for drinking declared nuisance. 

All places where persons are permitted to resort for the purpose of drink- 
ing alcoholic liquors or beverages are hereby declared nuisances and the keep- 
er or manager of such places, upon conviction, shall be punished for a first 
offense by imprisonment at hard labor for not less than six months nor more 
than two years and for any subsequent offense for a term of not less than a 
year nor more than five years. But any circuit judge may, in his discretion, 
suspend all of such imprisonment except thirty days for the first offense 
and sixty days for a subsequent offense upon such terms and conditions as 
he may see fit to impose. 

1942 Code § 1881; 1932 Code § 1854; Cr. C. '22 § 845; Cr. C. '12 § 818; 1907 (25) 473. 



Cross reference. — See note to § 4-401. 

Prosecution under this section involves 
statutory nuisance. — Charge that prosecu- 
tion for maintaining nuisance involved stat- 
utory, not common-law, nuisance, was prop- 
er. State v. Johnson (S. C), 156 S. E. 351. 

And to constitute such nuisance resort 
need not be open to public. — To constitute 
a nuisance it is not essential to render such 
a place a nuisance that the public, or even 
a considerable portion of it, be admitted or 
enticed there to drink intoxicants, but it is 
sufficient if some "persons" are permitted to 
resort there for such purpose. State v. City 
Club, 83 S. C. 509, 65 S. E. 730. 



Nor need acts complained of be done in 
defendant's presence. — Error, if any, in ad- 
mitting testimony regarding acts at defend- 
ant's business place in defendant's absence 
is harmless under evidence raising inference 
that defendant, charged with maintaining 
nuisance, knew thereof. State v. Johnson 
(S. C), 156 S. E. 351. 

Wife is presumed coerced where prose- 
cuted with husband. — In prosecution of hus- 
band and wife for maintaining nuisance 
where liquor was drunk, in violation of this 
section, there is presumption that wife, by 
allowing drinking to take place in presence 
of her husband, was coerced, but this is re- 



272 



§ 4-403 Alcohol and Alcoholic Beverages § 4-404 

buttable presumption. State v. McMillan, of this section, refusal of charge that wife 

144 S. C. 121, 142 S. E. 236. was not guilty unless she was keeper or 

But it is not error to refuse to instruct manager jointly of place alleged to be nui- 

that husband is presumed owner of intoxi- sance was proper, since both or either of 

cants. — In a prosecution of husband and defendants might have been convicted as 

wife for maintaining a nuisance where liq- keeper or manager. State v. McMillan, 144 

uor was allowed to be drunk, in violation S. C. 121, 142 S. E. 236. 

of this section, refusal of charge that intoxi- But it must be shown that wife acted de- 

cating liquors found on premises were pre- liberately. — In a prosecution of husband and 

sumed to belong to husband was not error, wife for maintaining nuisance where liquor 

for though it states a sound proposition of was drunk, in violation of this section, wife 

law, it was not pertinent to the case. State cannot be convicted under testimony show- 

v. McMillan, 144 S. C. 121, 142 S. E. 236. ing joint offense, unless evidence shows that 

And either husband or wife or both may she participated freely and deliberately in 

be convicted. — In a prosecution of husband the act. State v. McMillan, 144 S. C. 121, 

and wife for maintaining a nuisance where 142 S. E. 236. 
liquor was allowed to be drunk, in violation 

§ 4-403. Warrant for arrest and search warrant ; seizures. 

Any person may go before any magistrate in the county and swear out an 
arrest warrant on personal knowledge or on information and belief charging 
such a nuisance, giving the names of witnesses against the keeper or manager 
of such place and his aids and assistants, if any. Such magistrate shall direct 
such arrest warrant either to the sheriff of the county or to any special con- 
stable commanding the defendant to be arrested and brought before him to 
be dealt with according to law and shall issue a search warrant in which 
the premises in question shall be particularly described, commanding such 
sheriff or constable to search thoroughly the premises in question and to 
seize all alcoholic liquors found thereon, to seize all vessels, bar fixtures, 
screens, bottles, glasses and appurtenances apparently used or suitable for 
use in retailing liquors, to make a complete inventory thereof and to deposit 
the same with the sheriff. All liquors so seized shall, if no action to recover 
them is begun within thirty days after such seizure or if such an action be begun 
and the judgment of the court be adverse to the plaintiff, be destroyed pub- 
licly by the sheriff of the county. 

1942 Code § 1882; 1932 Code § 1855; Cr. C. '22 § 846; Cr. C. '12 § 819; Cr. C. '02 § 578. 

Cited in State v. Williams, 79 S. C. 101, 
60 S. E. 229. 

§ 4-404. Arrest and trial. 

Under the arrest warrant the defendant shall be arrested and brought be- 
fore such magistrate and the case shall be disposed of as in case of other 
crimes, except that when the magistrate commits or binds over the parties 
for trial to the next term of court of general sessions for the county he shall 
make out every paper in the case in duplicate and file one with the clerk of 
the court for the county and immediately transmit the other to the solicitor of 
the circuit. 

1942 Code § 1882; 1932 Code § 1855; Cr. C. '22 § 846; Cr. C. '12 § 819; Cr. C. '02 § 578. 

Injunction proceedings inadmissible in dence a suit in equity brought under § 4-405. 
criminal action. — In a criminal action under State v. Weil, 83 S. C. 478, 65 S. E. 634. 
this section, it was error to admit as evi- 

[ ISC Code] — 18 273 



§ 4-405 Code of Laws of South Carolina § 4-406 

§ 4-405. Injunction. 

Upon receipt of any such paper the solicitor shall at once apply to any cir- 
cuit judge at chambers within that circuit or to the nearest circuit judge 
if there be none in that circuit for an order or injunction restraining the de- 
fendants, their servants or agents, from keeping, receiving, bartering, selling 
or giving away any alcoholic liquors until the further order of the court or 
perpetually after hearing after notice to the defendant. Such circuit judge 
shall grant the restraining order or injunction without requiring a bond or 
undertaking upon the hearing or receipt by him of the papers from the court 
of the magistrate by the hands of the solicitor. Any violation of such re- 
straining order or injunction shall be deemed a contempt of court and pun- 
ished as such by the judge or court or any other circuit judge, as for the vio- 
lation of an order of injunction. 

1942 Code § 1882; 1932 Code § 1855; Cr. C. '22 § 846; Cr. C. '12 § 819; Cr. C. '02 § 578. 

When injunction should issue. — An in- But there must be showing of knowledge. 

junction against a liquor nuisance should — Allegation that person owned a building 

issue, if the petitioner has made out a case in which alleged nuisance is kept does not 

and the place is not abandoned until the make act a prima facie showing that he was 

eve of the hearing. State v. City Club, 83 permitting use of property for the mainte- 

S. C. 509, 65 S. E. 730. nance of a public nuisance, where there was 

Landlord as well as tenant may be en- no showing of knowledge. State v. Union 

joined. — Where certain premises are being Social Club, 82 S. C. 142, 63 S. E. 545. 

used for the purpose of drinking alcoholic Denial of allegations necessary for jury 

beverages with the knowledge of the land- trial. — Where the facts alleged to constitute 

lord, both he and tenant may be enjoined a nuisance are not denied in the answer of 

in a proceeding under this section. State respondents, there is no right to a trial by 

v. New Charleston Hotel Co., 80 S. C. 120, jury. State v. Palmetto Bowling Club, 80 

61 S. E. 207; State v. Argyle Hotel Co., S. C. 114, 61 S. E. 209. 

80 S. C. 119, 61 S. E. 209; State v. Charles- Injunction proceedings inadmissible in 

ton Turnverein Society, 80 S. C. 116, 61 criminal action. — It was error to admit as 

S. E. 209; State v. Carroll, 80 S. C. 117, 61 evidence a suit in equity brought under this 

S. E. 209; State v. German Rifle Club, 80 section in a criminal action brought under 

S. C. 126, 61 S. E. 208; State v. Schiaderessi, § 4-404. State v. Weil, 83 S. C. 478, 65 

80 S. C. 115, 61 S. E. 210; State v. Riddock, S. E. 634. 

80 S. C. 118, 61 S. E. 210. Applied in State v. Chicco, 82 S. C. 122, 

63 S. E. 306. 

§ 4-406. Contempt proceedings for violation of order. 

Any person violating the terms of any restraining order granted in such pro- 
ceedings shall be punished for contempt by a fine of not less than two hun- 
dred dollars nor more than one thousand dollars and by imprisonment not 
less than ninety days nor more than one year. In contempt proceedings aris- 
ing out of the violation of any injunction granted under the provisions of 
this article the court or, in vacation, any judge thereof shall have power to 
try summarily and punish the party guilty as required by law. The affidavits 
upon which the attachment for contempt issues shall make a prima facie case 
for the State. At the hearing upon the charge for contempt evidence may be 
oral or in the form of affidavits, or both. The defendant shall not necessarily 
be discharged upon his denial of the fact stated in the moving papers. The 
clerk of court shall upon the application of either party, issue subpoenas for 
witnesses and, except as above set forth, the practice in such contempt pro- 

274 [ 1 SC Code] 



§4-407 Alcohol and Alcoholic Beverages §4-411 

ceedings shall conform as nearly as possible to the practice in the court of 
common pleas. 

1942 Code § 1882; 1932 Code § 1855; Cr. C. 12 § 846; Cr. C. '12 § 819; Cr. C. '02 § 578. 

§ 4-407. Custody of liquors, etc., seized ; no damages for detention. 

Liquors seized as hereinbefore provided and the vessels containing them 
shall not be taken from the custody of the officers in possession of the same by 
any writ of replevin or other process. No suit shall lie for damages alleged 
to arise by seizure and detention of liquors ui^der this article. 

1942 Code § 1882; 1932 Code § 1855; Cr. C. '22 § 846;' Cr. C. '12 § 819; Cr. C. '02 § 578. 

Action will lie for malicious and willful action against an officer will lie under these 

seizure of liquor. — The provision in this conditions unless the General Assembly has 

section as to damages is without effect provided another remedy which was in- 

where there is willful and malicious seizure tended to be exclusive. Smith v. Lafar, 67 

of liquor imported for personal use, and an S. C. 491, 46 S. E. 332. 

§ 4-408. Failure of solicitor to perform duty. 

When any solicitor neglects or refuses to perform any duty or to take any 
steps required of him by any provision of this article the Attorney General, 
on his own motion or by request of the Governor, shall, in person or by an 
assistant, proceed to the locality and perform such neglected duty and take 
such steps as are necessary in the place of such solicitor. At his discre- 
tion he may cause a prosecution to be instituted not only in the matter so 
neglected but also against the solicitor for malfeasance or misfeasance in of- 
fice, for official misconduct, or for other charges justified by facts and may 
pursue the prosecution to the extent of a conviction and dismissal from office 
of any such solicitor. And in such event the Attorney General may appoint 
one or more additional assistants who shall each have while actually employed 
the same compensation, to be paid from the litigation fund of the Attorney 
General. Any duty herein imposed upon a solicitor may be performed with 
equal force and effect by the Attorney General or other person authorized by 
him to perform such duty. 

1942 § 1882; 1932 Code § 1855; Cr. C. '22 § 846; Cr. C. '12 § 819; Cr. C. '02 § 578. 

Article 2. 

Enforcement and Other General Provisions. 

§4-411. Sale of alcoholic liquors and beverages not properly branded; con- 
fiscation. 

It shall be unlawful for any person to sell or otherwise introduce into com- 
merce any alcoholic liquors or non-alcoholic and non-intoxicating beverages, 
legalized under the provisions of this title, unless labeled in accordance with 
the provisions of the Federal Alcoholic Administration Act and rules and 
regulations promulgated thereunder. Any violation of the provisions of this 
section shall subject the alcoholic liquors or nonalcoholic and nonintoxicating 
beverages found in the possession of any person so violating this section 
to seizure, confiscation and sale, as is provided in § 4—111. 

1942 Code § 1860; 1935 (39) 325; 1939 (41) 303. 

275 



§ 4-412 Code of Laws of South Carolina § 4-415 

§4-412. Debt contracted for transporting or selling illicit liquors void. 

Any note or other evidence of indebtedness contracted in the sale or trans- 
portation of illicit liquors is declared to be absolutely null and void, nor shall 
any action or suit for the recovery of the same be entertained in any court 
in this State. 

1942 Code § 1888; 1932 Code § 1864; Cr. C. '22 § 852; Cr. C. '12 § 829; Cr. C. '02 § 582; 
1896 (22) 127; 1897 (22) 520; 1898 (22) 805; 1901 (23) 705; 1935 (39) 325. 

Cited in Monumental Brewing Co. v. 
Whitlock, 111 S. C. 198, 97 S. E. 56^tate 
v. Messervy, 86 S. C. 503, 68 S. E. 766. 

§ 4-413. Persons violating law may be arrested without warrant. 

Any person detected in the act of violating any of the provisions of this 
title shall be liable to arrest without warrant, provided a warrant be pro- 
cured within a reasonable time thereafter. 

1942 Code § 1890; 1932 Code § 1866; Cr. C. '22 § 854; Cr. C. '12 § 831; Cr. C. '02 § 590; 
1896 (22) 127; 1897 (22) 526; 189S (22) 805; 1901 (23) 705. 

This section is constitutional. Elrod v. and warrants were thereafter obtained, the 

Moss, 278 F. 123. whiskey could be admitted as evidence. 

And has not been repealed. — See Elrod State v. McMillan, 170 S. C. 182, 170 S. E. 

v. Moss, 278 F. 123. 143. 

So that officer may arrest one detected Officers may arrest without warrant oc- 

in act of violating law. — Under this section, cupants of automobile upon discovery of 

an arrest can be made without a warrant whisky therein. — Where police officers dis- 

by an officer detecting one in the act of cover unconcealed whiskey in an automo- 

violating the law but such officer must have bile without making a search therefor, and 

direct personal knowledge, through his hear- liquor is being unlawfully transported, an 

ing, sight or other sense, of the commis- arrest of the occupants of the automobile 

sion of the crime by the accused. Elrod without warrant is not violative of S. C. 

v. Moss, 278 F. 123. Const., Art. 1, § 5. protecting citizens from 

And evidence obtained by such arrest is unlawful arrest, the occupants having been 

admissible. — Where officers without war- discovered in the act of violating law against 

rant obtained whiskey from accused under transportation of liquor. State v. Quinn, 

threat of having her searched, and they had 111 S. C. 174, 97 S. E. 62. 
reason to believe she was violating the law, 

§ 4-414. How search warrants may be issued. 

Upon affidavit, which may be on information and belief, to the effect that 
contraband liquor is being unlawfully concealed, kept or stored in any place 
a search warrant may be issued by any magistrate of the county empowering 
any officer or person who may be deputized to enter such place by day or 
night and to search the premises for the purpose of seizing such contraband 
liquors therein concealed, kept or stored. Such liquor, when so seized, shall 
be disposed of as herein provided for the disposition of unlawful liquors. 
But no dwelling house shall be searched in the nighttime. 

1942 Code § 1889; 1932 Code § 1865; Cr. C. '22 § 853; Cr. C. '12 § 830; 1907 (25) 472. 

Stated in State v. Cook, 204 S. C. 295, 
28 S. E. (2d) 842. 

§ 4-415. Affidavits for search warrants to set forth sources of information. 

Whenever in this title it is provided that a search warrant shall issue upon 
an affidavit based on information and belief the affidavit shall contain a state- 

276 



§ 4-416 Alcohol and Alcoholic Beverages § 4-419 

ment setting forth the sources of information and the facts and grounds of 

belief upon which the affiant bases his belief. 

1942 Code § 1893; 1932 Code § 1869; Cr. C. '22 § 857; Cr. C. '12 § 836; Cr. C. '02 § 599; 
1896 (22) 127; 1897 (22) 526 1898 (22) 805; 1901 (23) 705. 

Applied in State v. Harrell, 142 S. C. 17, Cited in State v. Prescott, 125 S. C. 22, 

140 S. E. 256; State v. Du Pre, 134 S. C. 117 S. E. 637. 
268, 131 S. E. 419. 

§ 4-416. Interference with officers forbidden. 

Any interference by any person with, obstruction or resistance of, or abusive 

language to, any officer or person in the discharge of his duties enjoined under 

this title or the use of abusive language by any such officer or person to any 

other person shall be deemed a misdemeanor and the person so offending 

shall, upon conviction, be punished by a fine of not less than one hundred 

dollars nor more than five hundred dollars or imprisonment for a term of 

not less than three months nor more than twelve months. 

1942 Code § 1892; 1932 Code § 1868; Cr. C. '22 § 856; Cr. C. '12 § 833; Cr. C. '02 § 586; 
1896 (22) 127; 1897 (22) 526; 1898 (22) 805; 1901 (23) 705. 

§4-417. Punishment for violations of law in cases not specifically prescribed. 

Upon conviction of any person for the violation of any provision of this 
title, when punishment is not provided for, such person shall be fined not less 
than one hundred dollars or imprisoned at hard labor not less than three 
months, in the discretion of the court. 

1942 Code § 1894; 1932 Code § 1870; Cr. C. '22 § 858; Cr. C. '12 § 839; 1907 (25) 472. 

Applied in State v. Tooley, 107 S. C. 408, Cited in Ex parte Klugh, 132 S. C. 199, 

93 S. E. 132. 128 S. E. 882. 

§ 4-418. Suspension of officers neglecting duty. 

Any constable, deputy constable or magistrate who shall neglect or refuse 
to perform the duties required by this title shall be subject to suspension by 
the Governor. 

1942 Code § 1895; 1932 Code § 1871; Cr. C. '22 § 859; Cr. C. '12 § 841; Cr. C. '02 § 585. 

Inclusion of sheriff in this section held S. C. 87, 87 S. E. 436. (At the time of this 

unconstitutional, as the legislature is with- decision a sheriff was one of the officers 

out power to authorize the indefinite sus- mentioned. — Ed. note.) 
pension of a sheriff. State v. Hough, 103 

Article 3. 

Local Enforcement Provisions. 

§ 4-419. Sheriffs to report seizures in certain counties. 

The sheriff of Allendale County and the sheriff and all other peace officers 
of Anderson County are hereby required to make to the clerks of court of said 
respective counties, on the first day of each month, a report of all intoxicating 
liquors seized and confiscated during the preceding month, specifying the 
amount seized in each case and the name of the person from whom such seiz- 
ure was made. The clerks of court of said counties are hereby required to 

277 



§ 4-420 Code of Laws of South Carolina § 4-423 

record in a book to be secured for that purpose the report of the sheriff or 
other peace officer required to be filed as directed in this section. It shall be 
deemed a misdemeanor for any officer wilfully to fail to comply with the 
terms of this section and, upon conviction thereof, he shall be fined not less 
than one thousand dollars or be confined upon the public works of the county 
for not more than twelve months. 

1942 Code §§ 1885, 1886; 1932 Code §§ 1861, 1862; 1923 (33) 509, 514. 

§ 4-420. Destruction of liquors seized by rural police in Chester County. 

The rural police of Chester County shall report in writing to the rural police 
commission of the county within twenty-four hours after seizure the amount 
of all illegal alcoholic liquor seized by them and the name of the person from 
whom it was seized. The commission shall in its annual report include the 
amount, or approxiate amount, of all alcoholic liquors received as aforesaid 
and the name of the person or persons from whom they were seized. 

1942 Code § 3793-1; 1932 Code § 3797; 1930 (36) 1662; 1935 (39) 325. 

§ 4-421. Confiscation of contraband materials in Florence County. 

The county police of Florence County shall confiscate for the benefit of the 
county all sugar, meal, molasses and other useful materials or paraphernalia 
used for or in connection with the manufacture of contraband liquors. Such 
material shall be delivered to the governing body of the county and utilized 
for the benefit of the county or sold and the proceeds turned into the county 
treasury for ordinary county purposes. 

1942 Code § 3797-6; 1932 Code § 3803; 1928 (35) 1870. 

Quoted in Trammell v. Fidelity, etc., Co., 
45 F. Supp 366. 

§ 4-422. Reports of seizures in Laurens County. 

The deputy sheriff in Laurens County shall deliver to the sheriff all alcoholic 
liquors and beverages seized by him within twenty-four hours after such 
seizure and file a report with the sheriff stating the date and from whom such 
seizure was made and the amount seized. The sheriff upon the delivery of 
such alcoholic liquors and beverages shall issue to the person making the de- 
livery a receipt for same, stating the amount received. The deputy sheriff 
shall turn over to the grand jury all receipts received from the sheriff for the 
alcoholic liquors and beverages delivered to the sheriff. Such receipts shall be 
delivered to the foreman of the grand jury on the first day of each term of the 
court of general sessions for Laurens County and the amount of whiskey or 
alcoholic beverages seized shall correspond to the receipts issued. Any viola- 
tion of the provisions of this section shall constitute a misdemeanor and, upon 
conviction thereof, the person found guilty shall be fined or imprisoned within 
the discretion of the court. 

1942 Code § 1887; 1932 Code § 1863; 1923 (33) 739; 1933 (38) 10. 

§ 4-423. Enforcement and sale of contraband supplies in Marlboro County. 
The sheriff of Marlboro County and his deputy shall perform all the duties 

278 



§ 4-423 Alcohol axd Alcoholic Beverages § 4-423 

formerly devolving upon constables appointed under the laws relating to the 

traffic in alcoholic, vinous, spirituous or other intoxicating liquors and shall 

have and exercise all the powers conferred upon peace officers within this 

State. 

1942 Code §§ 3552-6, 3804-1; 1932 Code §§ 1960, 3482, 3808; Cr. C. '22 § 942; Cr. C. '22 
§ 15; Cr. C. '12 §§ 16, 978; 1910 (26) 725; 1927 (35) 970; 1933 (38) 483. 



279 



Title 5. 
Amusements and Athletic Contests.* 

Chap. 1. Circuses, Carnivals and Other Traveling Shows, §§ 5-1 to 5-19. 

2. Motion Pictures, etc., §§ 5-101 to 5-104. 

3. Horse Racing, §§ 5-201 to 5-204. 

4. Prize Fighting and Boxing, §§ 5-301 to 5-308. 

5. Endurance Contests, §§ 5-401 to 5-402. 

6. Pool and Billiards, §§ 5-501 to 5-521. 

7. Dance Halls, Slot and Music Machines, etc., §§ 5-601 to 5-678. 

8. Charleston Municipal Stadium Commission, §§ 5-701 to 5-708. 



CHAPTER 1. 

Circuses, Carnivals and Other Traveling Shows.** 

Sec. Sec. 

5-1. Carnivals and traveling tent shows 5-11. Carnivals must not have gambling de- 
prohibited, vices, etc. 
5-2. Same; certain local exceptions. 5-12. Same; local provision. 
5-3. Same; other local exceptions. 5-13. Limitation on time for circus licenses. 
5-4. Same; Anderson County. 5-14. Penalties for violating certain sec- 
5-5. Same; Clarendon County. tions. 
5-6. Same; Darlington County. 5-15. Blank. 

5-7. Same; city of Camden. 5-16. Jurisdiction of certain offenses in York 

5-8. Same; Horry County. County. 

5-8.1. Same; Laurens County. 5-17. Exhibiting within five miles of agri- 

5-8.2. Same; Lee County. cultural fair. 

5-9. Same; Marion and Williamsburg 5-18. Agent for service of process. 

Counties. 5-19. Circuses and traveling shows to main- 

5-10. Same; Union County. tain separate entrances for race,. 

§ 5-1. Carnivals and traveling tent shows prohibited. 

No carnivals, except carnivals at State and county fairs, and no other travel- 
ing shows exhibiting under tents, except circuses, chautauquas and dog and 
pony shows, shall be allowed to exhibit within this State. 



* As to parks and playgrounds generally, see Title 51. As to public sports prohibited 
on Sunday, see § 64-1. As to county fairs generally, see §§ 14-651 to 14-687. As to deputy 
sheriffs for fairs, circuses, public meetings, parks and other places of amusements, see 
§§ 53-121 to 53-135. As to stairways and exits in theatres and other places of public 
assemblage, see § 47-1256. As to admissions tax, see §§ 65-801 to 65-822. As to tax 
on theatrical shows, carnivals, etc., see §§ 65-961 to 65-972. 

** As to service of process on circus or other traveling shows, see § 10-432. As to 
vagrants, see § 16-565. As to swindling, see § 16-566. As to cockfighting being a mis- 
demeanor, see § 16-567. As to the offense of fortune telling, etc., see § 16-572. As to 
gambling, lotteries, etc., see §§ 16-501 to 16-518. As to when gambling room may be 
broken open, see § 17-257. 

281 



/■ 



§ 5-2 Code of Laws of South Carolina § 5-3 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177. 5178. 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224. 256, 331: 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§ 5-2. Same ; certain local exceptions. 

The provisions of § 5-1 shall not apply within the limits of Aiken, Allen- 
dale, Barnwell, Berkeley, Calhoun, Chester, Clarendon, Florence, Greenville, Green- 
wood, Hampton, Marlboro, Newberry, Orangeburg, Pickens, Richland, Saluda, 
Spartanburg and Sumter Counties. 

Carnivals and tent shows shall be permitted to exhibit in said counties 
without license when they exhibit under the auspices of a regularly established 
post of the American Legion in the county in which such exhibitions are had ; 
provided, that the arrangement between any such carnival or tent show and 
the Legion post under whose auspices it exhibits shall have been made at least 
three days before the commencement of any such exhibition. 

Nothing herein contained shall be construed to relieve any person from 

the payment of the license tax on admissions imposed by article 7 of chapter 

10 of Title 65. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §5 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 388. 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§ 5-3. Same ; other local exceptions. 

The provisions of § 5-1 shall not apply to the counties of Bamberg, Beau- 
fort, Georgetown, Greenville, Lancaster and Orangeburg during the time that 
any celebration, fair or amusement is held in any of said counties under the 
sponsorship of: 

(1) The American Legion in Bamburg, Beaufort, Georgetozvn and Lancaster 
Counties ; 

(2) The volunteer fire department in the city of Beaufort or the counties of 
Bamberg or Orangeburg; 

(3) Any eleemosynary association in GreccnviUe County ; or 

(4) The Veterans of Foreign Wars in Georgetozvn county. 

But no such organization shall have the right to exhibit any such carnival 
or show in Greenville Count}' during the time or within thirty days immediate- 
ly preceding the opening of a county fair or for a period of three days after 
the closing of any such fair. 

Any carnival exhibiting annually in Greenville County under the auspices of 
the Greenville County Fair Association, Incorporated, during the actual show- 
ing of said county fair, shall be exempt from paying any license imposed upon 
carnivals by the county of Greenville. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178. 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) ISO; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266. 388. 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632, 

282 



§ 5-4 Amusements and Athletic Contests § 5-6 

§ 5-4. Same ; Anderson County. 

The prohibition of carnivals and tent shows provided by the terms of § 5-1 
shall not apply to Anderson County or any city or town therein. In said coun- 
ty and in any city or town within said county the local authorities may pro- 
vide and promulgate rules and regulations for the issuance of a license to any 
carnival or tent show desiring to put on an exhibition. County, city and 
town authorities may require all such carnivals or tent shows desiring to give 
exhibitions to provide a cash or surety bond of not less than five hundred 
dollars conditioned for the faithful performance and compliance with all 
county, city and town health and safety regulations and any other such reg- 
ulations pertaining to such exhibitions. The Anderson County Board of Health 
may promulgate such regulations as it deems advisable for the health and 
safety of the citizens of the county and shall cooperate with all city and town 
authorities in the enforcement of all count)' and local regulations pertaining 
to such exhibitions. Upon violation of any of these rules and regulations, 
the county board of health may revoke the license of any such show and its 
bond shall be forfeited to the county or local authorities. 

1942 Code §6333; 1932 Code §6333; Civ. C. '22 §§5177, 5178, 5181-5186: Cr. C. '22 
§§247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1939 (41) 532; 1950 (46) 
2206. 

§5-5. Same ; Clarendon County. 

The provisions of § 5-1 shall not apply in Clarendon County when any 
such carnival or tent show is exhibiting under the auspices of the regularly 
established post of the American Legion which is the nearest to the place 
where such carnival or tent show is exhibiting and any such carnival or tent 
show shall be permitted to exhibit without license. But nothing herein con- 
tained shall be construed to relieve any person from the payment of the li- 
cense tax on admissions imposed by article 7 of chapter 10 of Title 65. 

1948 (45) 1632. 

§ 5-6. Same ; Darlington County. 

Notwithstanding the provisions of § 5-1, in Darlington County one carnival 
or traveling show (but not more) may exhibit in each calendar year under the 
auspices of : 

( 1 ) The Darlington County fair ; 

(2) The Hartsville fair ; 

(3) The Darlington County colored fair ; 

(4) Each American Legion post in Darlington County ; and 

(5) Each V. F. W. post in Darlington County. 

And also one such show may exhibit in Lamar in each calendar year. The 
sheriff of Darlington County and his deputies shall enforce the provisions of 
this section with respect to such county and failure so to do shall constitute 
cause for removal from office. No county license shall be required of the 
Darlington County fair, the Hartsville fair, the Lamar fair, the Darlington County 
colored fair, or any agricultural fair held under the auspices of the Darlington 
County Fair Association 

283 



§ 5-7 Code of Laws of South Carolina § 5-8.2 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 3S8, 421; 1937 (40) 241, 292; 1939 (41) 532, 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§ 5-7. Same ; city of Camden. 

The provisions of § 5-1 shall not apply to the city of Camden in the county 

of Kershaw during the time that a horse show is held thereat. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331: 1922 (32) 906: 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§ 5-8. Same ; Horry County. 

The provisions of § 5-1 shall not apply in the county of Horry and the 

governing body of Horry County and the town council of any incorporated 

town therein may charge such license fee for the exhibition of carnivals and 

tent shows as they may see fit. 

1942 Code § 6333: 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545: 1918 (30) 764: 1919 (31) 150: 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§5-8.1. Same ; Laurens County. 

In Laurens County no circus, carnival or traveling show of any kind ex- 
hibiting under canvas shall be licensed or allowed to exhibit or do business 
under any auspices or condition within thirty days prior to the opening of the 
county fair. This section shall not apply to carnivals or traveling shows ex- 
hibiting under the auspices of the county fair during the particular week of 
such fair. 

1942 Code § 6327; 1936 (39) 1619. 

§ 5-8.2. Same : Lee County. 

In Lee County no circus, carnival or traveling show of any kind shall ex- 
hibit or do business under any auspices or condition for a period of thirty 
days prior to and during the operation of Lee County Agricultural Fair spon- 
sored by Robert E. Lee Post American Legion No. 29, unless such circus, 
carnival or traveling show shall first obtain the written consent of the secre- 
tary and president of the Lee County Agricultural Fair Association and such 
written consent is filed with the sheriff of the county. Any person in charge 
of or in any way operating or assisting in operating any such circus, carnival 
or traveling show in violation of the provisions of this section shall be fined 
in a sum not exceeding five hundred dollars or imprisoned for not more than 
six months, or both, in the discretion of the court, and each day's violation shall 
be considered a separate offense. 

1947 (45) 29. 

284 



§ 5-9 Amusements and Athletic Contests § 5-14 

§ 5-9. Same ; Marion and Williamsburg Counties. 

In Marion County and Williamsburg County no carnival or traveling show 
exhibiting under tent shall be allowed a license or allowed to exhibit, during 
a period of thirty days prior to, or within two weeks after, the time of holding 
any agricultural fair within such counties, unless under the auspices of, or with 
the consent of, the association holding such fair. 

1942 Code §6334; 1932 Code §6334; 1928 (35) 1166; 1941 (42) 153; 1942 (42) 1527. 

§5-10. Same; Union County. 

No carnival shall be allowed to exhibit or operate in Union County except 
under the auspices of the Union County Fair Association created and set up 
by §§ 14-681 to 14-687. 

1946 (44) 1578. 

§ 5-11. Carnivals must not have gambling devices, etc. 

No carnival to which games of chance or gambling devices are attached 

shall exhibit in this State. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177. 5178. 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 
266, 388. 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§5-12. Same: local provision. 

In the counties of Clarendon, Greenzvood, Marion and Oconee the games of 
chance mentioned in § 5-11 shall include all gaming tables and any other 
kind of game for the purpose of gaming which has an element of chance in it. 
Each time of using any such gaming device shall be a separate offense. 

1942 Code § 6334; 1932 Code § 6334; 1928 (35) 1166; 1941 (42) 153; 1942 (42) 1527. 

§ 5-13. Limitation on time for circus licenses. 

Circuses shall not be licensed for a time exceeding forty-eight hours at one 

place in any one year. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 14S4; 1935 (39) 
266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 
(45) 1632. 

§ 5-14. Penalties for violating certain sections. 

Any person owning, operating or connected with or employed by any 

carnival or show violating the provisions of §§ 5-1 to 5-8, 5-9 or §§ 5-11 or 5-12 

shall be guilty of a misdemeanor and, upon conviction, shall be punished by 

a fine of not less than twenty-five dollars nor more than one hundred dollars 

or by imprisonment for not less than five nor more than thirty days. Every 

performance or exhibition of such carnival or show shall be a separate offense. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
S§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 (32) 
!00, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 (39) 

285 



§ 5-15 Code of Laws of South Carolina § 5-18 

266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 1948 

(45) 1632. 

§5-15. Blank. 

§ 5-16. Jurisdiction of certain offenses in York County. 

In the section of Fort Mill Township in York County outside of the town of 
Fort Mill the magistrate of Fort Mill district shall have jurisdiction of offenses 
against § 5-1 and within the town of Fort Mill the mayor shall have jurisdiction 
of offenses against said section. 

1945 (44) 61. 

§ 5-17. Exhibiting within five miles of agricultural fair. 

No circus or other large show exhibiting under canvas shall exhibit within a 
radius of five miles of any agricultural fair in this State during the time of 
the holding of such fair or one week prior to the holding of such fair, except 
under the auspices of or with the written consent of the association holding 
such fair signed by the executive office of such fair and filed with sheriff of the 
county. All persons in charge of or in any way operating or assisting in carry- 
ing on any such circus or tent show violating the provisions of this section 
shall be fined in a sum not exceeding five hundred dollars or imprisoned for not 
longer than six months or both, in the discretion of the judge. 

1942 Code § 6332; 1932 Code § 6332; Cr. C. '22 § 246; 1918 (30) 787; 1924 (.33) 938, 939. 

§ 5-18. Agent for service of process. 

Any circus or other traveling show exhibiting under canvas or outdoors 
for gain shall, before or at the time it is licensed to show in any county, appoint 
in writing the clerk of court of such county, and his successors in office, as 
its proper and official agent or attorney upon whom any process in any action 
or proceeding against it shall be served and in such writing shall agree that 
any process against it which is served upon such agent or attorney shall be of 
the same legal force and validity as if served upon it personally. Such au- 
thority shall continue in force so long as any liability remains outstanding in 
the State. Such power of attorney shall also show : 

(1) The name and postoffice address of such circus or traveling show and 

(2) Its nature, that is whether it be a person, firm, partnership, association 
or corporation and, in the case of a partnership, the individual names and ad- 
dresses of the partners thereof. 

Copies of such appointment certified by the clerk of court, shall be deemed 
sufficient evidence thereof and shall be admitted in evidence with the same 
force and effect as the original thereof. 

In the event that any such circus or traveling show undertakes to show for 
gain in any county of this State without complying with the provisions of this 
section, such act on its part shall be deemed to constitute the clerk of the 
court of such county its official agent and attorney upon whom any legal 
process may be served. 

286 



§ 5-19 Amusements and Athletic Contests § 5-102 

The method of service provided for herein shall not be deemed exclusive 
but cumulative to any other method provided for by law. 
1942 Code § 6335; 1939 (41) 102. 

§ 5-19. Circuses and traveling shows to maintain separate entrances for races. 

Any circus or other such traveling - show exhibiting under canvas or out of 
doors for gain shall maintain two main entrances to such exhibition, one for 
white people and the other for colored people. Such main entrances shall 
be plainly marked "For White People" and "For Colored People." All white 
persons attending such show or traveling exhibition other than those con- 
nected with the show shall pass in and out of the entrance provided for white 
persons and all colored persons attending such show or traveling exhibition 
shall pass in and out of the entrance provided for colored persons. Any circus 
or other such traveling show exhibiting under canvas and failing to comply 
with the provisions of this section shall be guilty of a misdemeanor and, upon 
conviction, shall be fined not more than five hundred dollars. The sheriffs of 
the counties in which such circus or traveling show shall exhibit shall enforce 
the provisions of this section. 

1942 Code § 1271; 1932 Code § 1271; Cr. C. '22 § 166; 1917 (30) 48. 



CHAPTER 2. 
Motion Pictures, etc.* 

Sec. Sec. 

5-101. Cities from five thousand to six thou- 5-103. Motion pictures, athletic sports and 
sand five hundred may grant exclu- musical concerts on Sunday in cer- 

sive franchises. tain counties, cities and resorts. 

5-102. Term of such franchises. 5-104. Same; in other counties, cities and 

towns. 

§ 5-101. Cities from five thousand to six thousand five hundred may grant 
exclusive franchises. 

Governing bodies of cities in this State having a population as shown by the 
last census taken by the United States government of between five thousand 
and six thousand five hundred inhabitants may grant exclusive franchises to 
operators of motion pictures and to other like forms of public amusement and 
entertainment under such regulatory ordinances as may be adopted by the 
municipal authorities of such cities. 

1942 Code § 6326; 1932 Code § 6326; 1931 (37) 376; 1935 (39) 406. 

§ 5-102. Term of such franchises. 

Such franchises shall not be for longer than twenty years. 
1942 Code § 6326; 1932 Code § 6326; 1931 (37) 376; 1935 (39) 406. 

* As to annual license tax on motion picture theatres instead of admissions tax, see 
§§ 63-832 to 65-838. 

287 



§ 5-103 Code of Laws of South Carolina § 5-104 

§ 5-103. Motion pictures, athletic sports and musical concerts on Sunday in 
certain counties, cities and resorts. 

It shall be lawful to exhibit publicly motion pictures, athletic sports and 
musical concerts and to engage therein from and after two o'clock P. M., on 
Sunday (a) in counties containing a city having a population of more than 
sixty-two thousand, (b) in cities from sixteen thousand to sixteen thousand 
one hundred in population, (c) in counties containing a city having an exact 
population of five thousand seven hundred forty-seven according to the 1940 
official United States census and (d) in incorporated seashore resorts, if the 
exhibition of such motion pictures and engagements in athletic sports is lawful 
on other days in the week; provided that no such amusements shall be ex- 
hibited or engaged in between the hours of seven P. M. and nine P. M. on Sun- 
days. 

In incorporated towns and cities a special permit must first be obtained from 
the governing body. Outside of incorporated towns and cities a special 
permit must first be obtained from the governing body of the county except 
in a county containing a city having an exact population of five thousand seven 
hundred forty-seven according to the 1940 official United States census. 

Any person exhibiting publicly motion pictures, athletic sports or musical 
concerts in any such county or city on Sunday earlier than two o'clock P. M. 
or without first obtaining the special permit herein required shall be guilty of a 
misdemeanor and upon conviction thereof shall be punished by a fine of not more 
than one hundred dollars or imprisonment of not more than thirty days. 

1947 (45) 107; 1949 (46) 20, 127; 1951 (47) 526. 

§ 5-104. Same ; in other counties, cities and towns. 

It shall be lawful to exhibit publicly motion pictures, athletic sports and 
musical concerts and to engage therein from and after two P. M. on Sunday 
in counties wherein the United States government has established and maintains 
a permanent or temporary army fort or naval or marine base and in incorpo- 
rated cities or towns within a fifteen mile radius of any such permanent or 
temporary army fort or naval or marine base ; provided, that 

(1) The exhibition of such motion pictures and engagements in athletic 
sports is lawful on other week days ; 

(2) The theatre operator shall first obtain from the governing body a 
special permit to run his theatre on Sunday ; 

(3) This section shall in no way conflict with any Sunday evening church 
service; and 

(4) Outside of incorporated towns or cities the approval of the governing 
body of the county shall be necessary. 

Any person exhibiting public motion pictures, athletic sports or musical 
concerts in any other county in this State than the counties in which the Unit- 
ed States government has established and maintains permanent or temporary 
army forts or naval or marine bases or in incorporated cities or towns within 
a fifteen mile radius of any such fort or base shall, upon conviction, be guilty 
of a misdemeanor and be subject to a fine not to exceed one hundred dollars or 
imprisonment not to exceed thirty days in the discretion of the magistrate. 

288 



§ 5-201 Amusements and Athletic Contests § 5-202 

This section shall expire six months after the present war has ended. 

1942 Code § 1737-1; 1941 (42) 306; 1943 (43) 127. 

This section was passed for the benefit Duration of section. — The legislature 

and use of military personnel and not for changed the definite, exact and independent 

the general public. Greenville Enterprise date of expiration of the old section and 

v. Jennings, 210 S. C. 163, 41 S. E. (2d) 868. correlated this section with national legis- 

An army "air base" was not specifically lation in providing that it should terminate 
enumerated in this section only because the six months after the end of the war which 
lawmakers deemed it unnecessary. — By an had been declared by the United States, 
equitable construction, "air base" must be and it did so with intent to coordinate its 
deemed included, although not enumerated, efforts with that of the Federal govern- 
in promotion of the evident design and pur- ment. Greenville Enterprise v. Jennings, 
pose of the legislature. Greenville Baseball 210 S. C. 163, 41 S. E. (2d) 868. . 
v. Bearden, 200 S. C. 363, 20 S. E. (2d) This section contemplates that the Con- 
813. gress would fix the expiration date of the 

Air base under construction is not "main- war by a formal declaration of the end of 

tained" within the meaning of this section. war and not by the cessation of hostilities. 

Greenville Baseball v. Bearden, 200 S. C. Greenville Enterprise v. Jennings, 210 S. C. 

363, 20 S. E. (2d) 813. 163, 41 S. E. (2d) 868. 



CHAPTER 3. 
Horse Racing. 

Sec. Sec. 

5-201. Race horses not to be entered under 5-203. How class determined. 

assumed names or out of proper 5-204. Misrepresenting, etc., former per- 
class. formance. 

5-202. Name not to be changed except un- 
der rules. 

§ 5-201. Race horses not to be entered under assumed names or out of proper 
class. 

It shall be unlawful for any person knowingly to enter or cause to be entered 
for competition or to compete for any purse, prize, premium, stake or sweep- 
stake offered or given by any agricultural or other society, association or per- 
son or to drive any horse, mare, gelding, colt or filly under an assumed name 
or out of its proper class, when such prize, purse, premium, stake or sweep- 
stake is to be decided by a contest of speed. Any person found guilty of a vio- 
lation of this section shall, upon conviction thereof, be imprisoned for a 
period of not more than one year or fined in any sum not exceeding one thou- 
sand dollars. 

1942 Code § 1335; 1932 Code § 1335; Cr. C. '22 § 225; Cr. C. '12 § 519; 1904 (24) 530. 

§ 5-202. Name not to be changed except under rules. 

The name of any horse, for the purpose of entry for competition in any 
contest of speed, shall not be changed after once having contested for a prize, 
purse, premium, stake or sweepstake, except as provided by the code of rules 
of the society or association under which the contest is advertised to be con- 
ducted. 

1942 Code §1336; 1932 Code §1336; Cr. C. '22 §226; Cr. C. '12 §520; 1904 (24) 530. 
[ISC Code] — 19 289 



§ 5-203 Code of Laws of South Carolina § 5-302 

§ 5-203. How class determined. 

The class to which a horse belongs, for the purpose of an entry in any such 
contest of speed, shall be determined by the public performance of the horse 
in any former contest or trial of speed, as provided by the rules of the society 
or association under which the proposed contest is advertised to be conducted. 

1942 Code §1336; 1932 Code §1336; Cr. C. '22 §226; Cr. C. '12 §520; 1904 (24) 530. 

§ 5-204. Misrepresenting, etc., former performance. 

Any person knowingly misrepresenting or fraudulently concealing the public 
performance in any former contest or trial of speed of any horse which he 
proposes to enter for competition in any such contest shall, upon conviction 
thereof, be liable to the same punishment as provided in § 5-201, whether he 
shall succeed in making such entry or not. 

1942 Code §1336; 1932 Code §1336; Cr. C. '22 §226; Cr. C. '12 §520; 1904 (24) 530. 



CHAPTER 4. 
Prize Fighting and Boxing. 

Sec. Sec. 

5-301. Prize fighting prohibited. 5-305. Contests held under boxing commis- 

5-302. Boxing lawful; number of rounds. sions. 

5-303. County boxing commission; appoint- 5-306. Appeals. 

ment; term. 5-307. Unlawful for commissioners to have 

5-304. Same; local exceptions. interest. 

5-308. Violation of chapter a misdemeanor. 

§ 5-301. Prize fighting prohibited. 

It shall be unlawful for any person to engage in prize fighting or to be 
a second in a prize fight in this State. Any person violating the foregoing pro- 
vision shall be punished by a fine not exceeding one thousand dollars or im- 
prisonment not exceeding three years or both fine and imprisonment, in the 
discretion of the court. Any person, either upon his own responsibility or as 
an officer or agent of any club or association, who shall aid or abet by offer of 
a purse or money or other valuable inducement or by letting or giving the use 
of a house or grounds or who shall in any way whatsoever effect or cause a 
violation of this section shall be guilty of a misdemeanor and, upon convic- 
tion, shall be punished by imprisonment not exceeding six months or by a 
fine not exceeding two hundred dollars. 

1942 Code § 1393-1; 1932 Code § 1393-A; Cr. C. '22 § 324; Cr. C. '12 § 338; Cr. C. '02 
§251; R. S. 216; 1893 (21) 397; 1896 (22) 234. 

§ 5-302. Boxing lawful ; number of rounds. 

Subject to the succeeding provisions of this chapter, it shall be lawful to 
engage in, manage or promote a boxing contest in this State, provided the con- 
test shall not exceed fifteen rounds. 

1942 Code § 7152; 1932 Code § 7152; 1931 (i7) 147. 

290 [ISC Code] 



§ 5-303 Amusements and Athletic Contests § 5-308 

§ 5-303. County boxing commission ; appointment ; term. 

The boxing commission of each county shaall consist of three members, one 
to be appointed by the Senator of the county, one by the members of the 
House of Representatives of the county and one by the mayor of the city having 
the largest population within the county. All of the members shall serve 
without compensation and their respective terms of office shall not exceed the 
terms of office of their appointers. 

1942 Code § 7154; 1932 Code § 7154; 1931 (37) 147. 

§ 5-304. Same ; local exceptions. 

In Calhoun, Cherokee, Chester, Clarendon, Edgefield, Greenwood, Horry, Lau- 
rens, Newberry, Pickens and Spartanburg Counties, the members of the several 
boxing commissions shall be appointed by the Governor and there shall be no 
such appeal from the decisions of such commissions as is contemplated in § 5- 
306, in other counties of the State. 

1942 Code § 7154; 1932 Code § 7154; 1931 (37) 147. 

§ 5-305. Contests held under boxing commissions. 

No boxing contest shall be held without first obtaining permission of the 
boxing commission of the county wherein the contest is to be held and the 
contest shall be under the direct and exclusive control and subject to such 
rules, regulations, restrictions or requirements as such county boxing com- 
mission shall make or issue. 

1942 Code § 7153; 1932 Code § 7153; 1931 (37) 147. 

§ 5-306. Appeals. 

Anyone aggrieved at any rule, regulation, restriction, or decision of any 
county boxing commission may appeal to the Senator, the members of the 
House of Representatives of the county and the mayor of the city having the 
largest population in such county, who shall hear the complaint and render 
such decision as they see fit. Such decision shall be final. 

1942 Code § 7155; 1932 Code § 7155; 1931 (37) 148. 

§ 5-307. Unlawful for commissioners to have interest. 

It shall be unlawful for any member of any boxing commission to be in- 
terested financially in any manner directly or indirectly in the promotion, 
management or result of any boxing contest. 

1942 Code § 7156; 1932 Code § 7156; 1931 (37) 148. 

§ 5-308. Violation of chapter a misdemeanor. 

Any person guilty of engaging in or promoting, aiding or abetting any boxing 
contest without first having obtained the written consent of the boxing com- 
mission of the county in which such contest takes place or otherwise violating 
the terms of this chapter or the rules and regulations of any such commission 
or refusing to obey the orders of the commission controlling the boxing con- 
test shall be guilty of a misdemeanor and shall be fined not more than five 

291 



§ 5-401 



Code of Laws of South Carolina 



§ 5-402 



hundred dollars or imprisoned not more than six months, in the discretion of 
the court. 

1942 Code § 7157; 1932 Code § 7157; 1931 (37) 148. 



CHAPTER 5. 
Endurance Contests. 

Sec. Sec. 

5-401. Marathon dance, walkathon or simi- 5-402. Penalty, 
lar physical endurance contest un- 
lawful. 

§ 5-401. Marathon dance, walkathon or similar physical endurance contest 
unlawful. 

It shall be unlawful for any person, firm, association or corporation to pro- 
mote, advertise, conduct or participate in any marathon dance contest, walk- 
athon contest or other similar physical endurance contest, by whatever name 
called, of walking, dancing- or running', continuing or intended to continue for 
a period of more than eight consecutive hours, whether or not an admission 
fee is charged or a prize awarded ; and it shall be unlawful for any person to 
participate in more than one such contest or performance within any period 
of forty-eight hours. 

1942 Code § 1505; 1935 (39) 149. 

§ 5-402. Penalty. 

Any person violating the provisions of § 5-401 shall be guilty of a misde- 
meanor and punishable in the discretion of the court. Each day's continuance 
of any such contest and each day's participation in any such contest or ad- 
vertisement of the same shall constitute a separate offense. 

1942 Code § 1505; 1935 (39) 149. 



CHAPTER 6. 
Pool and Billiards. 



Sec. 

5-501. Definitions. 
5-502. Application for license. 
5-503. Qualifications required of applicants. 
5-504. Issuance of license. 
5-505. Form of license. 
5-506. Bond. 
5-507. Action on bond. 
5-508. New bond. 
5-509. Operation regulated. 
5-510. Subletting forfeits license. 
5-511. Use of screens, etc., prohibited. 
5-512. Connection with illegal resorts pro- 
hibited. 



Sec. 

5-513. Minors. 

5-514. Placard to be posted. 

5-515. Owners, managers, etc., to use dili- 
gence. 

5-516. Operation without license a misde- 
meanor. 

5-517. Penalty for certain violations. 

5-51S. Forfeiture of license. 

5-519. License tax. 

5-520. Tables exempt. 

5-521. Duties of Tax Commission. 



292 



§ 5-501 Amusements and Athletic Contests § 5-503 

§5-501. Definitions. 

(1) The terms "billiard room" and "pocket billiard room," as herein used, shall 
mean any room, hall, building or place kept for the purpose of operating 
billiard or pocket billiard tables for the purpose of permitting games to be 
played thereon for profit. 

(2) The term "pocket billard table" shall mean the general character of table 
which has heretofore been called a pool table. 

(3) The term "pocket billiards" shall mean the game which has heretofore been 
referred to as pool. 

(4) The word "profit" shall be construed to mean anything for value paid or 
charged for the privilege of playing upon any such table or for the use of any 
cue, balls or other things used in playing billiards or pocket billiards. 

(5) The term "billiard table" or "billiard room," as used herein, when used singly, 
shall be held to include and mean also pocket billiards or pocket billiard room. 

(6) The term "lazvjul manner," as used herein, shall be construed to mean 
that no intoxicating liquors shall be sold, served or allowed to be used in 
or on the premises where a licensed billiard room is operated ; that no game 
prohibited by law or other game of chance shall be permitted by the appli- 
cant for a license to be played on the premises; and it is further provided 
that no gambling devices shall be permitted thereon; and that the billiard 
room shall be closed at eleven o'clock each night and remain closed until 
six o'clock the following morning, except that on Sunday no billiard table 
shall be operated for profit or otherwise. 

1942 Code §§ 6337, 6340: 1932 Code §§ 6337, 6340; 1924 (33) 895. 

§ 5-502. Application for license. 

Any person desiring to operate a billiard room shall first apply for a li- 
cense in writing, under oath, to the South Carolina Tax Commission. The 
application shall set forth the name of the person and, if a corporation, the 
name of the president and secretary and the name of the person who will 
have actual control and management of the billiard room and it shall give the 
address of each of the persons named in the application and the name and 
address of the firm or corporation if the application is made by a firm or cor- 
poration; and it shall also describe the place where the billiard room is pro- 
posed to be operated and shall state the number of billiard tables to be oper- 
ated therein. 

1942 Code § 6338; 1932 Code § 6338; 1924 (33) 895. 

§ 5-503. Qualifications required of applicants. 

No person shall be permitted to operate any such billiard or pocket billiard 
room unless the applicant, if the same is a firm or individual, or the person 
who is to have actual control and management of such contemplated business, 
if the applicant is a corporation, shall be a citizen of the United States and 
shall be over twenty-one years of age ; and such application shall state facts 
sufficient to show compliance with these provisions. Each application made 
shall state that the applicant is of good moral character and a law abiding 
citizen, who will operate the billiard room in a lawful manner, and that neither 

293 



§ 5-504 Code of Laws of South Carolina § 5-506 

he nor any person for whom the billiard room is to be operated has had his 
license cancelled within the last five years preceding the filing of such applica- 
tion. No license shall be issued to any person of the white or Caucasian race 
to operate a billiard room to be used, frequented or patronized by persons of 
the negro race ; or to any person of the negro race to operate a billiard room 
to be used, frequented or patronized by persons of the white or Caucasian race. 
1942 Code § 6338; 1932 Code § 6338; 1924 (33) 895. 

§ 5-504. Issuance of license. 

Upon presentation to the South Carolina Tax Commission of the application 
provided for in § S-502, if the Commission is convinced that the facts stated 
in the application are true and that the applicant is a fit person to operate a 
billiard or a pocket billiard room, then, upon the compliance by the applicant 
with the further requirements of this chapter, the Commission shall issue a 
license to the applicant, who shall then be permitted to operate such billiard 
or pocket billiard room at the place mentioned in the application during the 
term of the license, unless the license is forfeited for violation of the terms 
of this chapter. But this chapter shall not authorize or empower any person 
to operate a billiard room or table in any town or city wherein the operation 
of such billiard room or table is forbidden by the ordinances of such town or 
city. 

1942 Code § 6339; 1932 Code § 6339; 1924 (33) 895. 

This section is constitutional. Fowler v. cordance with the provisions of this set- 
Anderson, 131 S. C. 473, 128 S. E. 410. tion. Fowler v. Anderson, 131 S. C. 473, 

And a municipality is authorized to pro- 128 S. E. 410. 
hibit the operation of pool rooms in ac- 

§ 5-505. Form of license. 

All licenses issued by the Commission for the operation of public billiard 
or pocket billiard rooms shall be in the following form: 

STATE OF SOUTH CAROLINA 

Public Recreation License 
For Billiard and Pocket Billiard Rooms 
(Formerly Termed "Pool") 
Issue to: 

Name City 

Street License No 

No. of Tables Date 

1942 Code § 6339; 1932 Code § 6339; 1924 (33) 895. 

§5-506. Bond. 

Upon the filing of the application provided for in § 5-502, the person apply- 
ing therefor shall file with the Commission a bond with two or more good and 
sufficient sureties or with a surety company authorized under the laws of 
this State in the sum of five hundred dollars, payable to the State of South 

294 



§5-507 Amusements and Athletic Contests §5-511 

Carolina, conditioned that the person applying for such license will conduct 
the billiard room in a lawful manner. 

1942 Code § 6340; 1932 Code § 6340; 1924 (33) 895. 

§ 5-507. Action on bond. 

The solicitor, whenever it is made known to him that any person has been 
convicted of a violation of the terms and conditions of this chapter, shall file 
suit in the name of South Carolina on the bond required by § 5-506 in the 
sum of two hundred and fifty dollars for such violation thereof. Said 
sum of two hundred fifty dollars shall be, and is here made, liquidated 
damages suffered by the State by reason of such violation and may be re- 
covered as a penalty therefor in addition to other fines and penalties provided 
for in this chapter; and it is further provided that one recovery or more upon 
said bond shall vitiate the same. 

1942 Code § 6346; 1932 Code § 6346; 1924 (33) 895. 

§ 5-508. New bond. 

The person operating a billiard room whose bond has been reduced to two 
hundred fifty dollars shall file a new bond in the sum of five hundred dollars 
in lieu thereof. 

1942 Code § 6346; 1932 Code § 6346; 1924 (33) 895. 

§ 5-509. Operation regulated. 

No patron of any billiard room shall be allowed to play on any table at 
any game during the hours during which the place is closed. No intoxicated 
person shall be permitted to play or loiter and remain in or on the premises. 
No racing or other betting pools shall be exhibited, promoted or sold in such 
place. No loud, profane, obscene or indecent language shall be permitted in 
or on the premises. And the premises shall be kept in a clean and sanitary 
condition. 

1942 Code § 6341; 1932 Code § 6341; 1924 (33) 895. 

§ 5-510. Subletting forfeits license. 

Any applicant securing a license under this chapter who shall sub-lease or 
farm out the billiard business to any other person shall forfeit such license. 

1942 Code § 6341; 1932 Code § 6341; 1924 (33) 895. 

§ 5-511. Use of screens, etc., prohibited. 

No billiard room operating under the provisions of this chapter shall allow 
or permit any screens, curtains, blinds, partitions or other obstructions to be 
placed between the entrance of the room where billiards are played and the 
back or rear wall of such billiard room. A clear view of the entire interior 
from the entrance to the rear of such room must be maintained at all times. 
No partitions forming rooms, stalls or other enclosures where the public may 
congregate shall be permitted. This provision, however, shall not be con- 
strued to prohibit the maintenance of closets for storing purposes exclusively 
or toilets. 

1942 Code § 6342; 1932 Code § 6342; 1924 (33) 895. 

295 



§5-512 Code of Laws of South Carolina §5-516 

§ 5-512. Connection with illegal resorts prohibited. 

It shall be unlawful for any billiard room to maintain or permit to be 
maintained any open or secret connections through doors, windows, trap- 
doors, panels, stairways or other devices with any place where gambling is 
conducted or where persons congregate for immoral purposes. 

1942 Code § 6343; 1932 Code § 6343; 1924 (33) 895. 

§ 5-513. Minors. 

It shall be unlawful for any person under twenty-one years of age to loiter 
in any billiard or pocket billiard room or to play billiards or pocket billiards in 
any such billiard room unless accompanied by his parent or guardian or with 
the written consent of his parent or guardian. Any such person violating the 
provisions of this chapter or any billiard room proprietor or manager who 
shall permit such violation shall be punished by a fine of not less than ten nor 
more than one hundred dollars or be imprisoned not less than two days nor 
more than thirty days. In the event the keeper of a billiard room is of opinion 
any person desiring admission thereto is under the age of twenty-one years 
he shall require such person to certify his age in writing. It shall be a mis- 
demeanor, punishable by a fine of not less than twenty-five nor more than one 
hundred dollars, for any minor to make a false certificate as to his age or use 
a forged permit from his parent or guardian. 

1942 Code § 6349: 1932 Code § 6349; 1924 (,33) 895. 

Applied in Clegg v. Spartanburg, 132 S. 
C. 182, 128 S. E. 36. 

§5-514. Placard to be posted. 

Every licensed billiard room proprietor shall for the information of his 
patrons post up in his room where the tables are operated a placard having 
§ 5-513 conspicuously written or printed thereon in letters of not less than 
one-fourth of an inch in height. 

1942 Code § 6344; 1932 Code § 6344; 1924 (33) 895. 

§ 5-515. Owners, managers, etc., to use diligence. 

The proprietor or person in charge of any billiard room or pocket billiard 
room shall use reasonable diligence and care to see that the provisions of this 
cbapter are observed and enforced on his premises ; and upon failure to do so, 
he shall be held responsible, under the penalties provided in this chapter. 

1942 Code § 6352; 1932 Code § 6352; 1924 (33) 895. 

§ 5-516. Operation without license a misdemeanor. 

Any person, firm or corporation and any agent or employee of such firm or 
corporation who shall operate a billiard room within this State without first 
procuring a license and complying with the terms of this chapter or who shall 
operate a billiard room after the license has been cancelled as is herein pro- 
vided shall be guilty of a misdemeanor and, upon conviction, shall be fined in 
any sum not less than twenty-five nor more than one hundred dollars or be 

296 



§ 5-517 Amusements and Athletic Contests § 5-520 

imprisoned not less than ten nor more than thirty days. Each day that such 
billiard room is unlawfully operated shall constitute a separate offense. 
1942 Code § 6348; 1932 Code § 6348; 1924 (33) 895. 

Applied in Clegg v. Spartanburg, 132 S. 
C. 182, 128 S. E. 36. 

§5-517. Penalty for certain violations. 

Any person, firm or corporation or any agent or employee of any such firm 
or corporation, operating a billiard room, who shall knowingly fail to conduct 
the same in a lawful manner, or in a manner forbidden by or contrary to the 
terms of the bond or application provided for by this chapter, shall be guilty 
of a misdemeanor and, upon conviction thereof, shall be fined in a sum not 
less than twenty-five dollars nor more than one hundred dollars ; and each 
day that such billiard room is so operated shall constitute a separate offense. 

1942 Code § 6345; 1932 Code § 6345; 1924 (33) 895. 

§ 5-518. Forfeiture of license. 

If any person, firm or corporation operating a billiard room or any agent 
or employee of any such firm or corporation shall be found guilt}' and shall 
be convicted as many as two times in one year under the provisions of this 
chapter or if any person operating a billiard room whose bond has been re- 
duced to two hundred fifty dollars fails to file a new bond in the sum of 
five hundred dollars within ten days after the bond has been reduced, then, in 
addition to the other penalties provided in this chapter, such person shall 
forfeit his license and the same shall be cancelled and he shall not be permitted 
to secure another license nor be allowed to work in any billiard room in the 
State within five years from such date of forfeiture. The Commission, upon 
being advised of the fact, shall mark in its books, where the record of such 
license is kept, the word "forfeited" and such entry shall be prima facie evi- 
dence that such forfeiture has been legally and properly entered. Such entry 
shall designate the date of such forfeiture. 

1942 Code § 6345; 1932 Code § 6345; 1924 (33) 895. 

§ 5-519. License tax. 

Each person operating a billiard room in this State shall pay to the State Tax 
Commission, on or before the first day of February of each year, a tax of 
twenty-five dollars for each table. No city, town or village shall issue a li- 
cense to any person to run a billiard room until after the Commission shall 
have first issued a license to such person. 

1942 Code § 6347; 1932 Code § 6347; 1924 (33) 895. 

This section is valid. Fowler v. Ander- Cited in Carolina Music Co. v. Query, 

son, 131 S. C. 473, 128 S. E. 410. 192 S. C. 308, 6 S. E. (2d) 473. 

§ 5-520. Tables exempt. 

The provisions of this chapter shall not be construed to include billiard 
tables or billiard rooms operated by fraternal orders, bona fide clubs, indus- 
trial concerns, religious orders or charitable institutions when no fees are 

297 



§ 5-521 



Code of Laws of South Carolina 



§ 5-521 



charged for the use of such tables. Should fees be charged for the use of 
such tables all of the provisions of this chapter shall apply. 
1942 Code § 6350; 1932 Code § 6350; 1924 (33) 895; 1933 (38) 223. 

§ 5-521. Duties of Tax Commission. 

The South Carolina Tax Commission shall see that all billiard rooms are 
operated in conformity with the provisions of this chapter and in case any 
violation of the terms of this chapter is discovered the Commission shall report 
the facts to the proper officials in the city or county in which the violation 
occurred, furnish necessary evidence, swear out warrants and assist in the 
prosecution of the violator. 

1942 Code § 6351; 1932 Code § 6351; 1924 (33) 895. 



CHAPTER 7. • 
Dance Halls, Slot and Music Machines, etc. 



Article 1. 
Dance Halls Generally. 

Sec. 

5-601. Operation on Sunday forbidden. 

5-602. Location near certain churches and 
cemeteries forbidden. 

5-603. Licensing dance halls in certain coun- 
ties. 

5-604. Licenses required in Horry and Mar- 
ion Counties. 

5-605. Penalties. 

Article 2. 

Dance Halls, Music Machines, 
etc., in Lancaster County. 

5-611. License to operate or own. 

5-612. Operator of building to file applica- 
tion. 

5-613. Actions on application. 

5-614. Prerequisite to such action. 

5-615. Revocation of license. 

5-616. Hours of operation. 

5-617. License fee. 

5-618. Penalties. 

5-619. Disposition of fines and fees. 

Article 3. 

Slot and Music Machines 
Generally. 

5-621. Slot machines, etc., unlawful; excep- 
tions. 

5-622. Such machines to be seized and de- 
stroyed. 

5-623. Use of slot machine without deposit 
of proper coin. 



Sec. 

5-624. 

5-625. 



Sale, etc., of any device for fraudu- 
lent operation of slot machines. 

Hours of operation of music ma- 
chines outside of municipalities in 
certain counties. 

Article 4. 

Music Machines, etc., in 
Lee County. 



5-631. 



Operation of music machines outside 
of municipalities restricted. 
5-632. Penalties. 

Article 5. 

Billiards, Bowling, Skating Rinks 

and Coin Operated Machines in 

Horry and Marion Counties. 



5-641. 
5-642. 
5-643. 
5-644. 
5-645. 
5-646. 
5-647. 

5-648. 
5-649. 
5-650. 

5-651. 
5-652. 
5-653. 
5-654. 



Licenses for coin operated machines. 

Application for license. 

No refund if operation unlawful. 

Licenses not transferable. 

Licenses to be attached to machines. 

Machines to bear numbers. 

Licenses for billiard tables, bowling 

alleys and skating rinks. 
Payment of tax. 

Penalty; confiscation of machine. 
Repossession and action to set aside 

confiscation. 
Tax or penalty a first lien. 
Deposit of funds collected. 
Effect on unlawful operations. 
Administration and enforcement. 



298 



§ 5-601 Amusements and Athletic Contests § 5-603 

Article 6. Sec. 

, . , _ . _ . 3 ... . 5-666. Application for license. 

Licenses for Coin Operated Devices, c <S7 T • .. , ... 

„ m ,, _ .. .„ 5-667. Licenses; attachment to tables. 

Billiard Tables, Bowling Alleys 5 . 668 Bowling aIleys> 

and Skating Rinks. S_ 66 o Skating rinks. 

c 5-670. Annual licenses required; expiration 

. , ' - . , . , , . thereof. 

5-660. License for coin operated devices. c ,-71 T • «. «. 1 v .1 

" , . K 5-671. License not to legalize otherwise un- 

5-661. Machines, tables, etc., exempt from lawful operations 

tax- 5-672. Penalty for failure to complv. 

5-662. Application for license. 5-673. License taxes and penalties a lien. 

5-663. Operation may be presumed lawful 5-674. Confiscation of unlicensed apparatus. 

by Commission. 5-675. Repossession by claimant and court 
5-664. Licenses to be attached to machines; trial. 

nontransferable. 5-676. Additional local licenses. 

5-665. Licenses for billiard or pocket bil- 5-677. Administration of articles. 

Hard tables. 5-678. Disposition of taxes and penalties. 

Article 1. 
Dance Halls Generally. 

§ 5-601. Operation on Sunday forbidden. 

It shall be unlawful for any person to keep open or admit persons to any 
public dancing hall owned or operated by him or- to allow any person to con- 
tinue thereat between the hours of twelve o'clock, midnight, Saturday and 
twelve o'clock, midnight, Sunday, and all such places shall be and remain 
closed to the public between such hours. The violation of the provisions of 
this section shall subject the offender to a fine of not less than ten nor more 
than fifty dollars for the first offense and for the second offense not less than 
fifty dollars nor more than one hundred dollars or imprisonment for thirty 
days. 

1942 Code § 1734; 1932 Code § 1734; 1923 (33) 203. 

§ 5-602. Location near certain churches and cemeteries forbidden. 

It shall be unlawful to operate or maintain outside the limits of any incor- 
porated town or city within the State a dance hall within one-fourth of a mile 
of a rural church with an active congregation or a rural cemetery that is 
either maintained as a cemetery or has been used for the burial of the dead 
within five years previous to the operation or maintenance of such dance hall. 
Every operation or maintenance of a dance hall within a period of twenty-four 
hours shall be considered a separate and distinct offense if in violation of this 
section. 

1942 (42) 1736. 

§ 5-603. Licensing dance halls in certain counties. 

Notwithstanding the provisions of § 5-602, in Aiken, Bamberg, Barnwell, 
Berkeley, Charleston, Colleton, Darlington, Florence, Georgetown, Jasper, Lex- 
ington, Newberry, Orangeburg and Sumter Counties the governing body of 
the county may, in its discretion, grant and revoke licenses for the operation 
and maintenance of dance halls at any location within the county outside the 
limits of any incorporated town or city and fix license fees for such businesses 

299 



§ 5-604 Code of Laws of South Carolina § 5-613 

not to exceed ten dollars per annum for each such business. It shall be un- 
lawful to operate or maintain outside the limits of any incorporated town or 
city within any such county a dance hall without first procuring the issuance 
of such license from the governing body of the county. 
1942 (42) 1736. 

§ 5-604. Licenses required in Horry and Marion Counties. 

In Horry and Marion Counties the provisions of chapter 4 of Title 35 shall 
also apply to dance halls and places of amusement. 

1942 Code § 5123-1; 1937 (40) 172; 1938 (40) 1843. 

§5-605. Penalties. 

Any violation of the provisions of this article other than §§ 5-601 and 5-604 
shall be punishable for the first offense by a fine of not more than one hundred 
dollars nor less than twenty-five dollars or by imprisonment for not more than 
thirty days and for a subsequent offense by a fine of not less than seventy-five 
dollars nor more than one hundred dollars or by imprisonment for not less 
than twenty-five days nor more than thirty days. 

1942 (42) 1736. 

Article 2. 
Dance Halls. Music Machines, etc., in Lancaster County. 

§5-611. License to operate or own. 

No person shall maintain, operate or own any dance hall, pavilion, store, 
restaurant, stand or building where dancing is permitted or where any pic- 
colo, orchestra or other music-making machine or instrument, whether coin 
operated or not, is kept or operated in Lancaster County unless he shall within 
six days after the establishment of such place obtain from the governing body 
of Lancaster County a license to be issued on the conditions hereinafter stated. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-612. Operator of building to file application. 

Every owner or operator of a dance hall, pavilion, store, restaurant, stand 
or building where dancing is permitted or where any piccolo, orchestra or 
music-making machine or instrument, whether coin operated or otherwise, 
is kept or operated shall file with the governing body of Lancaster County a 
written application for a license. The application shall give the name of the 
owner of the property, the name of the manager or operator, the general 
nature of the business proposed to be conducted and such other information 
as the governing body may require. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§5-613. Actions on application. 

Upon the filing of the application, the governing body shall pass upon the 
application and make its recommendation in writing to the clerk of court. 
If a majority of the governing body recommend the issuance of the license, 

300 



§ 5-614 Amusements and Athletic Contests § 5-619 

then the clerk shall issue the same for a period of one year from the date of 
such application upon the payment of the license fee prescribed in § 5-617. 
1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-614. Prerequisite to such action. 

The governing body shall, before issuing such license, require the sheriff 
of the county to make a written report and recommendation as to the con- 
ditions and place where such dance hall, pavilion, piccolo, orchestra or music- 
making machine will be operated. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-615. Revocation of license. 

The governing body of the county may at any time, upon such showing 
as to them may seem proper, revoke any license issued under the terms of this 
article. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-616. Hours of operation. 

No person shall operate any such piccolo, orchestra or music-making ma- 
chine between the hours of twelve o'clock midnight Saturday night and six 
a. m. the following Monday. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§5-617. License fee. 

The license fee to be charged in connection with the application referred 
to in § 5-612 shall be fifty dollars for each such dance hall or place of amuse- 
ment or piccolo, orchestra or music-making machine. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-618. Penalties. 

Any person who shall violate the provisions of this article shall be guilty 
of a misdemeanor and shall be fined in the sum of not less than twenty 
dollars nor more than one hundred dollars or imprisoned for a term not to 
exceed thirty days, in the discretion of the magistrate ; provided, that each and 
every day that such place of business or machine is operated without license 
shall constitute a separate offense. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 

§ 5-619. Disposition of fines and fees. 

All amounts collected under the terms of this article, whether from fines 
or fees, shall be turned over to the county treasurer and be placed in the 
general county funds. 

1942 Code § 4569-4; 1939 (41) 210; 1946 (44) 1440. 



301 



§ 5-621 



Code of Laws of South Carolina 



§5-621 



Article 3. 
Slot and Music Machines Generally. 

§ 5-621. Slot machines, etc., unlawful; exceptions. 

It shall be unlawful for any person to keep on his premises or operate or 
permit to be kept on his premises or operated within this State any vending 
or slot machine, punch board, pull board or other device pertaining to games 
of chance of whatever name or kind, including such machines, boards or 
other devices that display different pictures, words or symbols, at different 
plays or different numbers, whether in words or figures or, which deposit 
tokens or coins at irregular intervals or in varying numbers to the player or in 
the machine. But the provisions of this section shall not extend to (coin 
operated nonpayout pin tables with free play feature or) to automatic 
weighing, measuring, musical and vending machines which are so con- 
structed as to give a certain uniform and fair return in value for each coin 
deposited therein and in which there is no element of chance. 

Any person violating the provisions of this section shall be subject to a 
fine of not more than five hundred dollars or imprisonment in the State pen- 
itentiary or upon the public works of the county wherein the offense is 
committed for a period of not more than one year or both fine and imprison- 
ment, in the discretion of the court. 

1942 Code §1301-1; 1932 Code § 1301-A ; 1931 (37) 368; 1949 (46) 267. 



This section is constitutional.— Durant v. 
Bennett, 54 F. (2d) 634; State v Kizer, 164 
S. C. 383, 162 S. E. 444. 

Any machine not giving a certain and 
uniform return is unlawful. — A slot ma- 
chine operated with nickels, which, when- 
ever a nickel is deposited, gives chewing 
gum, etc., but might also give in addition 
a number of trade checks indicated in ad- 
vance, is an unlawful machine under this 
section in that it does not give a certain 
and uniform return in value for each coin 
deposited. Griste v. Burch, 112 S. C. 369, 
99 S. E. 703. 

For example where the amount of amuse- 
ment given to player of a machine is de- 
termined by chance or hazard, such ma- 
chine is held to be a gambling device. Thus, 
a slot machine which awards free games 
contingent upon the score recorded is an 
illegal gambling device. Alexander v. Mar- 
tin. 192 S. C. 176, 6 S. E. (2d) 20. 

Although the machine indicates in ad- 
vance exactly what it will dispense. — Har- 
vie v. Heise. 150 S. C. 277, 148 S. E. 66. 

And although the tokens issued have no 
trade value. — A slot machine which gave 
a package of mints, and at irregular in- 
tervals issued tokens in varying amounts, 
was held to constitute a gambling device in 
violation of this section, even if the tokens 
had no monetary or trade value. Harvie v. 
Heise, 150 S. C. 277, 148 S. E. 66. 



Intent to gamble not a test. — The legis- 
lature, in order to prevent the use of a de- 
vice for gambling, may prohibit its pos- 
session or ownership, and the section did 
not make the intended use for gambling a 
prerequisite to the crime. State v. Appley, 
207 S. C. 284. 35 S. E. (2d) 835. 

Before 1949 amendment a pintable ma- 
chine was illegal under this section. — Alex- 
ander v. Hunnicutt, 196 S. C. 364, 13 S. E. 
(2d) 630; Cannon v. Odom, 196 S. C. 371, 13 
S. E. (2d) 633; Ingram v. Bearden, 212 
S. C. 399, 47 S. E. (2d) 833; Holliday v. 
Governor, 78 F. Supp, 918, aff. 335 U. S. 
803, 69 S. Ct. 56, 93 L. Ed. 360. 

Machine dispensing only gum on placing 
coin therein is not a gambling device. — Har- 
vie v. Heise, 150 S. C. 277, 148 S. E. 66. 

Subject of interstate commerce is not im- 
mune. — Owner of concession in army camp 
shipped pinball machines from North Car- 
olina to army camp by truck. Upon arrival 
the camp facilities were closed so they 
were stored outside in a store until morn- 
ing, where they were seized by the sheriff 
under this section. The fact that they were 
in interstate commerce does not prevent 
enforcement of the police power of the 
state. State v. Appley, 207 S. C. 284, 35 
S. E. (2d) 835. 

The licensing of unlawful machines by 
the state tax commission cannot make a 
lawful machine out of a gambling device, 



302 



§ 5-622 Amusements and Athletic Contests § 5-624 

and the payment of the license does not Unlawful machine cannot be recovered. 

authorize the operation of machines which The owner of a slot machine, which is un- 

come within the prohibition of this section. lawful under this section, cannot, in an 

Alexander v. Martin, 192 S. C. 176, 6 S. E. action in claim and delivery, recover the 

(2d) 20; Alexander v. Hunnicutt, 196 S. C. machine from the sheriff after seizure. 

364, 13 S. E. (2d) 630; Cannon v. Odom. Griste v. Burch, 112 S. C. 369, 99 S. E. 703. 

196 S. C. 371. 13 S. E. (2d) 633; Ingram Cited in State v. Adcock, 194 S. C. 234, 

v. Bearden, 212 S. C. 399, 47 S. E. (2d) 9 S. E (2d) 730„ 
833. 

§ 5-622. Such machines to be seized and destroyed. 

Any vending or slot machine, punch board, pull board or other device 
pertaining to games of chance prohibited by § 5-621 shall be seized by 
any officer of the law and at once taken before any magistrate of the county 
in which such machine, board or device is seized who shall immediately ex- 
amine it and if he is satisfied that it is in violation of said section or any 
other law of this State he shall direct that it be immediately destroyed. 

1942 Code § 1301-1; 1932 Code § 1301-A; 1931 (37) 368. 

Cross reference. — See notes to § 5-621. 

§ 5-623. Use of slot machine without deposit of proper coin. 

Any person who shall operate or cause to be operated or who shall at- 
tempt to operate or attempt to cause to be operated any automatic vending 
machine, slot machine, coin-box telephone or other receptacle designed to 
receive lawful coin of the United States of America in connection with the 
sale, use or enjoyment of property or service by means of a slug or any 
false, counterfeited, mutilated, sweated or foreign coin or by any means, 
method, trick or device whatsoever not lawfully authorized by the owner, 
lessee or licensee of such machine, coin-box telephone or receptacle or who 
shall take, obtain or receive from or in connection with any automatic vend- 
ing machine, slot machine, coin-box telephone or other receptacle designed to 
receive lawful coin of the United States of America in connection with the 
sale, use or enjoyment of property or service any goods, wares, merchandise, 
gas, electric current or other article of value or the use or enjoyment of any 
telephone or telegraph facilities or service or of any musical instrument, 
phonograph or other property, without depositing in and surrendering to such 
machine, coin-box telephone or receptacle lawful coin of the United States of 
America to the amount recpuired therefor by the owner, lessee or licensee of 
such machine, coin-box telephone or receptacle, shall be guilty of a misde- 
meanor and, on conviction, be punished by a fine or imprisonment, in the 
discretion of the court. 

1942 Code § 1302; 1932 Code § 1302; 1927 (35) 375. 

§ 5-624. Sale, etc., of any device for fraudulent operation of slot machines. 

Any person who, with intent to cheat or defraud the owner, lessee, licensee 
or other person entitled to the contents of any automatic vending machine, 
slot machine, coin-box telephone or other receptacle, depository or con- 
trivance designed to receive lawful coin of the United States of America in 
connection with the sale, use or enjoyment of property or service or who, 

303 



y 



§ 5-625 Code of Laws of South Carolina § 5-632 

knowing that the same is intended for unlawful use, shall manufacture for 
sale or sell or give away any slug, device or substance whatsoever intended or 
calculated to be placed or deposited in any such automatic vending machine, 
slot machine, coin-box telephone or other such receptacle, depository or 
contrivance shall be guilty of a misdemeanor and, on conviction, shall be 
punished by a fine or imprisonment, in the discretion of the court. 

1942 Code § 1303; 1932 Code § 1303; 1927 (35) 375. 

§ 5-625. Hours of operation of music machines outside of municipalities in 
certain counties. 
It shall be unlawful for any owner, lessee, custodian or other person in 
possession, for himself or another, of any nickelodeon, piccolo, phonograph or 
other mechanical or automatic music box or machine to operate the same or 
suffer or permit the operation thereof in or about any store, filling station, high- 
way or other public or semi-public place outside of the limits of any incorpo- 
rated town in Clarendon, Richland and Kershazv Counties after ten thirty o'clock 
P. M. and before seven o'clock A. M. or in Darlington County after twelve 
o'clock midnight on Saturday and before seven o'clock A. M. on the Monday 
following or in any of said counties at any time in hearing distance of any 
church during church or other religious services. Every violation of the 
terms hereof shall be a misdemeanor and any person upon conviction shall 
be subject for each violation to a fine of not less than five dollars and not 
more than fifty dollars or imprisonment for not more than thirty days. 

1942 Code § 1396-2; 1939 (41) 433; 1942 (42) 1603. 

Article 4. 
Music Machines, etc., in Lee County. 

§ 5-631. Operation of music machine outside of municipalities restricted. 

It shall be unlawful for any owner, lessee or custodian or other person in 
possession, for himself or another, of any nickelodeon, piccolo, phonograph or 
other mechanical or automatic music box or machine to operate the same or 
suffer or permit the operation thereof in or about any store, filling station, 
highway or other public or semi-public place outside of the limits of any in- 
corporated town in Lee County after twelve o'clock midnight on Saturday 
and until seven o'clock A. M., Monday following, or at any time in hearing 
distance of any church during church or other religious services. 

1949 (46) 465. 

§ 5-632. Penalties. 

Every violation of the terms of § 5-631 shall be a misdemeanor and any 
person upon conviction shall be subject, for each violation, to a fine of not 
less than five dollars and not more than fifty dollars or imprisonment for 
not more than thirty days. 

1949 (46) 465. 

304 









§ 5-641 Amusements and Athletic Contests § 5-645 

Article 5. 

Billiards, Bowling, Skating Rinks and Coin Operated Machines in 
Horry and Marion Counties. 

§ 5-641. Licenses for coin operated machines. 

In Horry and Marion Counties every person owning or maintaining any 
place wherein or in connection with which is operated or located any ma- 
chine for the playing of music, games or amusements operated by a slot 
wherein is deposited any coin or thing of value or any machine in which is 
kept any article to be purchased by depositing any coin or thing of value 
shall apply for and procure from the governing body of the county a license 
for the privilege of operating any and every such machine and shall pay for 
such license a tax of seven dollars and fifty cents per machine, except that : 

(1) The tax on machines vending any article to be purchased therefrom 
shall be five dollars per machine ; 

(2) The tax on machines requiring a deposit of less than five cents shall 
be two dollars per machine ; and 

(3) Licenses procured under the provisions of this article on or after 
January 1st and before June 30th of any year may be obtained for the re- 
mainder of the license year upon the payment of one half of the tax above 
provided. 

1942 (42) 1559. 

§ 5-642. Application for license. 

In making application for license under this article the applicant shall 
specify the make and type of the machine for which a license is desired. The 
application for the license shall be filed on blanks to be furnished by the 
governing body of the county. 

1942 (42) 1559. 

§ 5-643. No refund if operation unlawful. 

Upon application being made for a license to operate any machine or ap- 
paratus under this article, the governing body of the county may presume 
that the operation of such machine or apparatus is lawful and when a license 
has been issued for the operation thereof the sum paid for such license shall 
not be refunded notwithstanding that the operation of such machine or ap- 
paratus shall be prohibited. 

1942 (42) 1559. 

§ 5-644. Licenses not transferable. 

No license issued under the provisions of § 5-641 shall be transferable. 
1942 (42) 1559. 

§ 5-645. Licenses to be attached to machines. 

The person in whose place of business the machine is operated or located 
shall see that the proper county license is attached to the machine before 
[ISC Code]— 20 305 



§ 5-646 Code of Laws of South Carolina § 5-650 

its operation is commenced. Failure to do so shall make such person liable 
for the penalties imposed in this article. 
1942 (42) 1559. 

§ 5-646. Machines to bear numbers. 

No machine shall be licensed under this article unless it shall bear a perma- 
nently attached identifying- serial number. 

1942 (42} 1559. 

§ 5-647. Licenses for billiard tables, bowling alleys and skating rinks. 

The governing bodies of Horry and Marion Counties may, in their discre- 
tion, impose a license tax on any person owning or maintaining any place 
wherein or in connection with which is operated or located any billiard or 
pocket billiard table, bowling alley or skating rink. In no case shall the li- 
cense tax so levied exceed the amount now levied by the State. 

1942 (42) 1559. 

§ 5-648. Payment of tax. 

Every person subject to payment of tax under this article shall annually, 
in advance, on or before the first day of July of each year or before doing 
any act taxable under the provisions of this article apply for and obtain from 
the governing body of the county a license for the privilege of engaging in 
such business in either of the counties of Horry and Marion and shall pay 
the tax levied therefor. All such licenses shall expire on the thirtieth day of 
June following the date of issue. 

1942 (42) 1559. 

§ 5-649. Penalty; confiscation of machine. 

Any person who shall fail, neglect or refuse to comply with the terms and 
provisions of this article or shall fail to attach the required license to any 
machine or apparatus, as herein required, shall be subject to a penalty of 
twenty-five dollars for each failure and such penalty shall be assessed and 
collected by the governing body of the county. In addition to the penalty 
above provided for, any machine or apparatus not having attached thereto 
the required license shall be seized and confiscated by the sheriff or any 
lawful constable of such county and sold at public auction after fifteen days 
of advertisement. Upon payment of the license required, the governing body 
of the county may, within its discretion, return any property so seized 
and confiscated and compromise any penalty assessed. 

1942 (42) 1559. 

§ 5-650. Repossession and action to set aside confiscation. 

The owner or person from whom such property is seized may at any time 
within five days after such seizure repossess such property by filing with the 
chairman of the governing body of the county a bond in cash or a bond exe- 
cuted by a surety company authorized to do business in this State in double 
the amount of the tax and penalties due. Within ten days thereafter such 

306 1 1 SC Code] 



§ 5-651 Amusements and Athletic Contests § 5-660 

person must bring action in any court of competent jurisdiction to have such 
seizure set aside, otherwise the bond so filed shall be declared by the govern- 
ing body of the county to be forfeited. 
1942 (42) 1559. 

§ 5-651. Tax or penalty a first lien. 

Any license tax or penalty provided in this article shall constitute a first 
preferred lien, next in priority to that of the State, upon any and all of the 
property of the person charged therewith and the governing body of the 
county may issue its execution therefor in the manner provided under §§ 65-870 
to 65-873. 

1942 (42) 1559. 

§ 5-652. Deposit of funds collected. 

All licenses, taxes or penalties collected by the governing body of the 
county in the enforcement of this article shall be turned over to the county 
treasurer to be placed in the general fund of the county. 

1942 (42) 1559. 

§ 5-653. Effect on unlawful operations. 

The issuance of a license under the provisions of this article by the govern- 
ing body of the county shall not make lawful the operation of any gambling 
machine or device the operation of which is unlawful under the laws of this 
State. 

1942 (42) 1559. 

§ 5-654. Administration and enforcement. 

The administration of this article is vested in the governing body of the 
county which shall prescribe rules and regulations pertinent to the enforce- 
ment thereof. The sheriff, his deputies and the constables in the counties 
of Horry and Marion shall see that the provisions hereof are enforced. 

1942 (42) 1559. 

Article 6. 

Licenses for Coin Operated Devices, Billiard Tables, Bowling Alleys 
y and Skating Rinks. 

1 tf£ D $ 5-660. License for coin operated devices. 

Every person owning, operating or maintaining any place of business or 
other place wherein or in connection with which is operated or located (a) 
any machine for the playing of music, games or amusements, operated by a 
slot wherein is deposited any coin or thing of value, (b) any machine in which 
is kept any article to be purchased by depositing any coin or thing of value 
or (c) any coin operated non-payout pin table with free play feature shall 
apply for and procure from the South Carolina Tax Commission a license 
for the privilege of operating every such machine and shall pay for such license 

307 



/ 



§ 5-661 j, Code of Laws of South Carolina S 5-664 

a tax of-£fteetwk>llars- per machine, except that the tax on machines vending 
any article to be purchased therefrom shall be ten dollars per machine. 

1947 (45) 592; 1948 (45) 1752. 

Constitutionality. — As to constitutionality at the rate of ten dollars per year, and any 

of similar former Code provision, see Caro- machine which does not vend a tangible ar- 

lina Music Co., Inc. v. Query et al., 192 tide of merchandise but plays music or 

S. C. 308, 6 S. E. (2d) 473 (1939). merely affords amusement is taxable at the 

Meaning of section. — The proper inter- rate of fifteen dollars per year. Carolina 

pretation of this section is that any machine Music Co. v. Query, 192 S. C. 308, 6 S. E. 

which vends a tangible article of merchan- (2d) 473 (1939) construing a former section 

dise which is purchased therefrom by the of the Code similar to this section, 
deposit of a coin or thing of value is taxable 

§ 5-661. Machines, tables, etc., exempt from tax. 

The provisions of this article shall not apply to: 

(1) Any machine requiring a deposit of less than five cents ; 

(2) Any machine dispensing hygienic or sanitary articles when such ma- 
chine is located in a rest room on the premises of, and is operated or main- 
tained by, any person for the convenience of the employees of such person ; 

(3) Any billiard or pocket billiard table ; 

(4) Vending machines vending exclusively merchandise on which a tax has 
been collected under the provisions of articles 3 and 5 of chapter 10 of Title 
65; 

(5) Coin operated radios located in hotel rooms or tourist cabins ; or 

(6) Any machine vending food products. 
1947 (45) 592; 1948 (45) 1752. 

§ 5-662. Application for license. 

The application for a license under § 5-660 shall be filed on blanks to be 
furnished by the Commission. In making application for a license the appli- 
cant shall specify the manufacturer's serial number of the machine for which 
the license is desired and no such machine shall be licensed under this article 
unless it shall bear a permanently attached identifying serial number. 

1947 (45) 592. 

§ 5-663. Operation may be presumed lawful by Commission. 

Upon application being made for a license to operate any machine or ap- 
paratus under this article, the Commission may presume that the operation 
of such machine or apparatus is lawful and when a license has been issued for 
the operation thereof the sum paid for such license shall not be refunded 
notwithstanding that the operation of such machine or apparatus shall be 
prohibited. 

1947 (45) 592. 

§ 5-664. Licenses to be attached to machines ; nontransferable. 

The person in whose place of business the machine is operated or located 
shall see that the proper State license is attached to the machine before its 
operation is commenced. Failure to do so shall make such person liable for 

308 



§ 5-665 Amusements and Athletic Contests § 5-669 

the penalties imposed in this article. No license issued under the provisions 
of this article shall be transferable. 
1947 (45) 592. 

§ 5-665. Licenses for billiard or pocket billiard tables. 

Every person owning or maintaining any place of business or other place 
wherein or in connection with which is operated or located any billiard or 
pocket billiard table measuring not more than three and one-half feet wide 
and seven feet long, whether operated by a slot or otherwise, shall apply for 
and procure from the Commission a license for the privilege of operating such 
billiard or pocket billiard table and shall pay for such license a tax of ten 
dollars for each such billiard or pocket billiard table owned or operated ex- 
cept that every person operating billiard or pocket billiard tables measuring 
more than three and one-half feet wide and seven feet long, whether operated 
by slot or otherwise, shall be taxed under the provisions of chapter 6 of this 
Title. 

1947 (45) 592. 

§ 5-666. Application for license. 

In making application for a license under § 5-665 the applicant shall specify 
the manufacturer's serial number of the billiard or pocket billiard table for 
which a license is desired and no billiard or pocket billiard table shall be 
licensed under this article unless such billiard or pocket billiard table shall 
bear a permanently attached identifying serial number. 

1947 (45) 592. 

§ 5-667. Licenses; attachment to tables. 

A license issued under § 5-665 shall carry a serial number to correspond 
with that on the billiard or pocket billiard table license thereby and no such 
license shall be transferable to any other billiard or pocket billiard table. The 
person in whose place of business such billiard or pocket billiard table is 
operated or located shall see that a proper license is attached to the billiard 
or pocket billiard table before its operation shall commence. Failure to do so 
shall make such person liable for the penalties imposed under this article. 

1947 (45) 592. 

§ 5-668. Bowling alleys. 

Every person owning or maintaining any place of business or other place 
wherein or in connection with which is operated a bowling alley or alley of 
like kind shall apply for and procure from the Commission a license for the 
privilege of operating such bowling alley and shall pay for such license a tax 
of five dollars for each such alley kept or operated, except that no license issued 
under this section shall cost in excess of thirty dollars. 

1947 (45) 592. 

§ 5-669. Skating rinks. 

Every person owning or maintaining any place of business or other place 
wherein or in connection with which is operated a skating rink shall apply for 

309 



§ 5-670 Code of Laws of South Carolina § 5-675 

and procure from the Commission a license for the privilege of operating such 
skating rink and shall pay a license tax of twenty-five dollars for each skating 
rink operated and a license issued under this section shall be valid only at 
the address as shown on the license. 
1947 (45) 592. 

§ 5-670. Annual licenses required ; expiration thereof. 

Every person subject to payment of tax under this article shall annually 
in advance, on or before the first day of July of each year or before doing any 
act taxable under the provisions of this article, apply for and obtain from the 
Commission a State license for the privilege of engaging in such business and 
shall pay the tax levied therefor. All such licenses shall expire on the thirtieth 
day of June following date of issue. 

1947 (45) 592. 

§ 5-671. License not to legalize otherwise unlawful operations. 

The issuance of a license under the provisions of this article by the Com- 
mission shall not make lawful the operation of any gambling machine or de- 
vice, the operation of which is made unlawful under the laws of this State. 

1947 (45) 592. 

§ 5-672. Penalty for failure to comply. 

Any person who shall fail, neglect or refuse to comply with the terms and 
provisions of this article or shall fail to attach the required license to any ma- 
chine, apparatus, billiard or pocket billiard table, as herein required, shall be 
subject to a penalty of twenty-five dollars for each failure, such penalty shall 
be assessed and collected by the Commission. 

1947 (45) 592. 

§ 5-673. License taxes and penalties a lien. 

Any license tax or penalties herein provided shall be and constitute a first 
preferred lien upon any and all of the property of the person charged therewith 
and the Commission may issue its execution therefor as is provided in § 65-871. 

1947 (45) 592. 

§ 5-674. Confiscation of unlicensed apparatus. 

In addition to the penalties above provided for, any machine, apparatus, 
billiard or pocket billiard table not having attached thereto the required license 
shall be seized and confiscated by the Commission, its agents or employees, 
and sold at public auction after thirty days advertisement. Upon payment 
of the license required, the Commission may, within its discretion, return any 
property so seized and confiscated and compromise any penalty assessed. 

1947 (45) 592. 

§ 5-675. Repossession by claimant and court trial. 

The owner or person from whom such property is seized may at any time 
within five days after such seizure repossess such property by filing with the 

310 



§5-676 Amusements and Athletic Contests §5-702 

Commission a bond in cash or a bond executed by a surety company author- 
ized to do business in this State in double the amount of the tax and penalties 
due. Within ten days thereafter such person must bring action in a court of 
competent jurisdiction to have such seizure set aside, otherwise the bond so 
filed shall be declared by the Commission to be forfeited. 
1947 (45) 592. 

§ 5-676. Additional local licenses. 

Municipalities and counties may levy a license tax on the business taxed Wo' 
under this article but in no case shall a tax so levied exceed one half of the *VJ* 
amount levied by the State. 

1947 (45) 592. 

§ 5-677. Administration of article. 

The administration of this article is vested in the Commission which shall 
prescribe rules and regulations pertinent to the enforcement thereof. 

1947 (45) 592. 

§ 5-678. Disposition of taxes and penalties. 

All license taxes and penalties collected by the Commission in the enforce- 
ment of this article shall be turned over to the State Treasurer to be applied 
to the general fund of the State. 

1947 (45) 592. 



CHAPTER 8. 

Charleston Municipal Stadium Commission. 

Sec. Sec. 

5-701. Establishment. 5-705. Powers and duties. 

5-702. Appointment, terms, vacancies and 5-706. Records and annual statements. 

pay. 5-707. Title to stadium. 

5-703. Officers; meetings; quorum. 5-708. Article 9 of chapter 3 of Title 59 not 

5-704. Treasurer; controller. affected. 

§ 5-701. Establishment. 

The city council of the city of Charleston may establish the Municipal Sta- 
dium Commission herein provided for and commit to such Commission the 
task of constructing and operating a municipal stadium on the site of the 
former Johnson Hagood Stadium in the City of Charleston. 

1947 (45) 502. 

§ 5-702. Appointment, terms, vacancies and pay. 

The Commission shall be composed as follows: Two members shall be 
nominated by the mayor and confirmed by the city council of the city of 
Charleston, two members shall be appointed by the majority, including the 
Senator, of the Charleston county legislative delegation and a fifth member 
shall be appointed by The Board of Visitors of The Citadel, The Military 
College of South Carolina. If it shall become necessary for the city council 

311 



§ 5-703 Code of Laws of South Carolina § 5-705 

to issue revenue bonds or other obligations to obtain funds to defray the 
cost of completing the construction of the stadium, then upon the delivery 
of such bonds or obligations a sixth member shall be appointed to the Com- 
mission by the five other members. The Commission shall be composed of 
six members for so long a period of time as any revenue bonds or other obli- 
gations, issued by the city council to defray the cost of completing the stadium 
shall be outstanding, but when such bonds or obligations have been retired 
and paid, the term of the sixth member, or his successor in office, shall there- 
upon cease and expire and the composition of the Commission shall be re- 
turned to five members. Subject to the provisions limiting the tenure of 
office of the sixth member, the member shall be appointed for a term ending 
four years after the expiration of the term of their predecessors in office, 
the original five members having been appointed two for two years and three 
for four years from the first day of July next following their appointment 
and the sixth member likewise for a term of four years from the first day of 
July next following his appointment. Should it occur that upon the expira- 
tion of the term of any member of the Commission a successor shall not have 
been appointed, the member whose term has thus expired shall hold over until 
the appointment and qualification of his successor, but this provision shall 
not extend the term of the successor beyond the four year period herein pro- 
vided for. In the event of a vacancy on the Commission, the vacancy shall 
be filled for the remainder of the unexpired term by appointment by the body 
whose appointee shall have died, resigned or otherwise abandoned his posi- 
tion as a member of the Commission. All members of the Commission shall 
serve without compensation. Appointments and acceptances thereof shall be 
duly filed in the office of the clerk of court for Charleston County. 
1947 (45) 502. 

§ 5-703. Officers ; meetings ; quorum. 

The Commission shall select one of its members as chairman, another as 
vice-chairman and a third as secretary. Those officers shall hold office for 
such terms as the Commission may provide. The Commission shall decide 
the time, place and frequency of its meetings for the transaction of official 
business. Three members shall constitute a quorum for the transaction of 
official business. 

1947 (45) 502. 

§5-704. Treasurer; controller. 

The treasurer of the city of Charleston and the controller thereof shall, ex 
officio, serve as treasurer and controller for the Municipal Stadium Commission 
and the bonds given for the faithful performance of their duties as treasurer 
and controller of the city respectively, shall cover the faithful performance of 
their duties as treasurer and controller for the Municipal Stadium Commission. 

1947 (45) 502. 

§ 5-705. Powers and duties. 

Subject to the provisions of § 5-708 the Commission may do all acts and 

312 



§5-706 Amusements and Athletic Contests §5-708 

things that may be necessary to construct and operate a municipal stadium, 
including, but without limiting the generality of the foregoing, the following 
powers : 

(1) To contract for services of a personal nature, including architects 
and engineers, without advertisement; 

(2) To let contracts for the construction of the stadium, but only upon 
competitive bids after such advertisement as the Commission shall determine; 

(3) To adopt and enforce reasonable regulations concerning the use of the 
facilities and services afforded by the stadium; provided, that, subject to such 
regulations, the stadium shall be made available for use by any and all public 
schools and colleges in Charleston Count}' ; 

(4) To place into effect reasonable rates for the use of the facilities and 
services afforded by the stadium, but in establishing rates the Commission 
shall heed the mandate of § 59-399 and shall abide by any covenant or pledge 
made by the city council relative to such rates and charges; 

(5) To expend upon its warrants such sums as may be committed to it for 
the purpose of constructing and operating the stadium, but all warrants shall 
be signed by the chairman or vice-chairman of the Commission and counter- 
signed by the treasurer or the controller; and 

(6) To obligate itself and its successors in office to operate the municipal 
stadium in the manner required by the ordinances adopted by the city council, 
as an incident to the issuance of revenue bonds pursuant to article 9 of chapter 
3 of Title 59. 

1947 (45) 502. 

§ 5-706. Records and annual statements. 

The Commission shall at all times keep a full and accurate account of its 
actions, doings, receipts and expenditures. Such record shall be a public 
record and shall be open to inspection. Annual statements covering the re- 
ceipts and disbursements of the Commission shall be filed in the office of the 
clerk of court for Charleston County within thirty days next following the 
close of any fiscal year. 

1947 (45) 502. 

§ 5-707. Title to stadium. 

Notwithstanding the provisions of this chapter the title to the municipal 
stadium shall at all times remain in the city council of the city of Charleston. 

1947 (45) 502. 

§ 5-708. Article 9 of chapter 3 of Title 59 not affected. 

It is recognized by the General Assembly that the city council may raise a 
portion of the funds needed to construct the municipal stadium by the issuance 
of revenue bonds pursuant to the provisions of article 9 of chapter 3 of Title 
59 hereof and that as a consequence it will be required to make the pledges 
and covenants contemplated by said chapter. It is the further intention of 
the General Assembly that the provisions of this chapter shall be construed as 

313 



§ 5-708 Code of Laws of South Carolina § S-708 

supplementary to said article 9 of chapter 3 of Title 59. It is, therefore, de- 
clared that nothing contained in this chapter shall be deemed in conflict with 
the provisions of said article 9 of chapter 3 of Title 59 and that if any provision 
hereof or any power conferred by this chapter upon the Commission shall be 
inconsistent with any provision of said article 9 of chapter 3 of Title 59 or any 
pledge or covenant made or required to be made pursuant to said chapter, then 
such provision of this chapter or power conferred by this chapter shall be 
limited or curtailed to such extent that such inconsistency shall be removed. 
1947 (45) 502. 



314 



Title 6. 
Animals.* 

Chap. 1. Cruelty to Animals, §§ 6-1 to 6-18. 

2. Dogs and Rabies, §§6-101 to 6-141. 

3. Estrays, §§ 6-201 to 6-209. 

4. Livestock and Poultry Generally, §§ 6-301 to 6-347. 

5. Sanitary and Health Provisions, §§ 6-401 to 6-495. 



CHAPTER 1. 
Cruelty to Animals. 



Sec. Sec. 

6-1. Definitions. 6-10. 

6-2. Acts of agents imputed to corpora- 6-11. 

tions. 

6-3. Abusing horses, etc. 6-12. 
6-4. Ill-treatment of animals generally. 

6-5. Cruel work or transportation, aban- 6-13. 

donment, etc. 6-14. 

6-6. Cutting tails of horses, etc. 6-15. 

6-7. Leaving animal to die in public place. 6-16. 
6-8. Destruction of such animal. 

6-9. Overloading and length of confine- 6-17. 

ment in railroad cars. 6-18. 



Care when unloaded during trarrsit. 
Penalty for violation of §§ 6-9 and 

6-10. 
Custody of animal when person in 

charge arrested. 
Arrest for violation. 
Care of animals after such arrest. 
When search warrant may be issued. 
Officers to arrest persons accused of 

cruelty to animals. 
Disposition of fines. 
Fines, etc., a lien on animals. 



§ 6-1. Definitions. 

In this chapter the words "animal" or "animals" shall be held to include all 

brute creatures. 

1942 Code § 1600; 1932 Code § 1600; Cr. C. '22 § 564; Cr. C. '12 § 915; Cr. C. '02 § 630; 
G. S. 1708; R. S. 512. 



§ 6-2. Acts of agents imputed to corporations. 

The knowledge and acts of agents and persons employed by corporations 
in regard to animals transported, owned or employed by or in the custody of 
such corporations shall be held to be the acts and knowledge of such corpo- 
rations. 

1942 Code § 1600; 1932 Code § 1600; Cr. C. '22 § 564; Cr. C. '12 § 915; Cr. C. '02 § 630; 
G. S. 1708; R. S. 512. 



* As to fish, game and wildlife generally, see Title 28. As to the malicious injury of 
animals and cattle, see § 16-381. As to burying or burning of all dead animals, see § 32-557. 
As to transportation of animals, see §§58-1121 to 58-1127. As to county fairs generally, 
see §§14-651 to 14-687. 

315 



§ 6-3 Code of Laws of South Carolina § 6-6 

§ 6-3. Abusing horses, etc. 

Whoever shall wilfully abuse or cruelly treat any horse, mule or other 

draught animal or beast of burden shall, upon conviction thereof before any 

court of competent jurisdiction, suffer imprisonment for fifteen days or pay 

a fine of fifteen dollars, except that if such person shall be the owner or have 

the charge or custody of such animal the provisions of § 6-4 shall apply. 

1942 Code § 1593; 1932 Code § 1593; Cr. C. '22 § 558; Cr. C. '12 § 909; Cr. C. '02 § 623; 
G. S. 2525; R. S. 505; 1878 (16) 492. 

§ 6-4. Ill-treatment of animals generally. 

Whoever overloads, overdrives, overworks, tortures, torments, needlessly 
mutilates, cruelly kills, ill-treats, deprives of necessary sustenance or shelter, 
or inflicts unnecessary pain or suffering upon any animal or causes the same to be 
done, whether such person be the owner thereof or have the charge or custody 
of the same, shall, for every such offense, be guilty of a misdemeanor and be pun- 
ished by imprisonment in jail not exceeding thirty days or by a fine not exceed- 
ing one hundred dollars. 

1942 Code § 1594; 1932 Code § 1594; Cr. C. '22 § 559; Cr. C. '12 § 910; Cr. C. '02 § 625; 
G. S. 1703; R. S. 507; 1881 (17) 573; 1883 (18) 388. 

§ 6-5. Cruel work or transportation, abandonment, etc. 

Every owner, possessor or person having the charge or custody of any 
animal who 

(a) Cruelly drives or works the same when unfit for labor; 

(b) Cruelly abandons the same ; 

(c) Carries the same, or causes the same to be carried, in or upon any ve- 
hicle or otherwise in an unnecessarily cruel or inhuman manner; or 

(d) Knowingly or wilfully authorizes or permits the same to be subjected 
to unnecessary torture, suffering or cruelty of an}' kind ; 

Shall, for every such offense, be guilty of a misdemeanor and shall be 

punished for every such offense in the manner prescribed in § 6-4. 

1942 Code § 1595; 1932 Code § 1595; Cr. C. '22 §560; Cr. C. '12 §911; Cr. C. '02 §626: 
G. S. 1704; R. S. 508; 1881 (17) 573. 

Knowledge and consent of owner suffi- worked when unfit for labor, with his 

cient for conviction. — The owner of an ani- knowledge and consent. State v. Brow:-.- 

mal may be convicted, under this section, ing, 70 S. C. 466, 50 S. E. 185. 
for cruelty to it on evidence that it was 

§ 6-6. Cutting tails of horses, etc. 

Any person who (a) cuts the tissue or muscle of the tail of any horse, ass, 
mule, mare or gelding, or otherwise operates upon it in any manner for the 
purpose or with the effect of altering the natural carriage of the tail, except 
when such cutting or operation is necessary for the health or life of the ani- 
mal, as certified to in writing by a licensed verterinarian, (b) causes, procures 
or knowingly permits such cutting or operation to be done or (c) assists in or 
is voluntarily present at such cutting or operation shall be guilty of a misde- 
meanor. 

316 



§ 6-7 Animals § 6-9 

Any person convicted of violating any of the provisions of this section shall 
be fined not less than fifty nor more than one hundred dollars or imprisoned 
not less than fifteen nor more than thirty days. 

1942 Code § 1603-1; 1936 (39) 1649. 

§ 6-7. Leaving animal to die in public place. 

A person, being the owner or possessor or having charge or custody of a 

maimed, diseased, disabled or infirm animal in any town or city of this State, 

who abandons such animal or leaves it to die in a street, road, highway or 

other public place more than three hours after he receives notice that it is 

left disabled is guilty of a misdemeanor and shall be punished by a fine not 

exceeding one hundred dollars or imprisonment not exceeding thirty days. 

1942 Code § 1603; 1932 Code § 1603; Cr. C. '22 § 567; Cr. C. '12 § 918; Cr. C. '02 § 633; 
1899 (23) 99; 1907 (25) 484. 

§ 6-8. Destruction of such animal. 

Any agent or officer of the South Carolina Society for the Prevention of 
Cruelty to Animals or of any society duly incorporated for that purpose may 
lawfully destroy, or cause to be destroyed, any animal found abandoned and 
not properly cared for, appearing according to the judgment of two reputable 
citizens called by him to view the same in his presence to be glandered, in- 
jured or diseased past recovery for any useful purpose. 

1942 Code § 1603; 1932 Code § 1603; Cr. C. '22 § 567; Cr. C. '12 § 918; Cr. C. '02 § 633; 
1899 (23) 99; 1907 (25) 484. 

§ 6-9. Overloading and length of confinement in railroad cars. 

No railroad company in the carrying or transportation of animals shall 
overload the cars nor permit the animals to be confined in cars for a longer 
period than thirty-six consecutive hours without unloading the same for 
rest, water and feeding for a period of at least five consecutive hours, unless 
prevented from so unloading by storm or other accidental causes beyond the 
control of such railroad company ; provided, hozvcver, that when animals shall 
be carried in cars in which they can and do have proper food, water and space 
and opportunity for rest, the foregoing provisions in regard to their being un- 
loaded shall not apply. 

In estimating such confinement the time during which the animals have 

been confined without such rest on connecting roads from which they are 

received shall be included, it being the intent of this section to prohibit their 

continuous confinement beyond the period of thirty-six hours, except upon 

the contingencies hereinbefore stated. 

1942 Code § 1596; 1932 Code § 1596; Cr. C. "22 § 561; Cr. C. '12 § 912; Cr. C. '02 § 627; 
G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (33) 118; 1924 (33) 949. 

Cross reference. — As to further regula- section has been codified in the S. C. Code 

tions for transportation of animals by rail- of 1952 as §§ 6-9 to 6-11. 

roads, see §§58-1122, 58-1127. Sections 6-9 to 6-11 are constitutional.— 

Editor's note. — The following cases con- Crawford v. Southern Ry. Co., 56 S. C. 136, 

strue § 8346 of the S. C. Code of 1942 which 34 S. E. 80 (1899); Comer v. Columbia, N. 

contained substantially the same language & L. R. Co., 52 S. C. 36, 29 S. E. 637 (1898). 

as § 1596 of the S. C. Code of 1942, which Duty to feed and water stock. — This sec- 

317 



§ 6-10 Code of Laws of South Carolina § 6-13 

tion requires the carrier to feed and water v. Columbia, N. & L. R. Co., 52 S. C. 36, 29 

the stock in transit where the owner neg- S. E. 637 (1898). 

lects to do so. It also requires the carrier Burden of proving compliance. — The bur- 

to furnish the owner with facilities to feed den of proof is on the carrier to show com- 

and water the stock. Comer v. Columbia, N. pliance with the statute. Comer v. Colum- 

& L. R. Co., 52 S. C. 36, 29 S. E. 637 (1898). bia, N. & L. R. Co., 52 S. C. 36, 29 S. E. 

Special contract to relieve company of its 637 (1898); Swindler v. Hilliard & Brooks, 

duties. — Under this section the company 2 Rich. (31 S. C. L.) 286; Wallingford v. 

cannot relieve itself of the duties imposed by Columbia & G. R. Co., 26 S. C. 258, 2 S. E. 

special contract. Crawford v. Southern Ry. 19 (1887); Baker v. Brinson, 9 Rich. (43 

Co., 56 S. C. 136, 34 S. E. 80 (1899); Comer S. C. L.) 201; Johnstone v. Richmond & D 

R. Co., 39 S. C. 55, 17 S. E. 512 (1893). 

§ 6-10. Care when unloaded during transit. 

Animals unloaded as required by § 6-9 shall be properly fed, watered and 

sheltered during such rest by the owner or person having the custody thereof 

or, in case of his default in so doing, then by the railroad company transporting 

the same at the expense of the owner or person in custody thereof; and the 

company shall, in such case, have a lien upon such animals for food, care and 

custody furnished and shall not be liable for any detention of such animals. 

1942 Code § 1596; 1932 Code § 1596; Cr. C. '22 § 561; Cr. C. '12 § 912; Cr. C. '02 * 627; 
G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (33) 118; 1924 (,33) 949. 

Cross reference. — As to further regula- 
tions for transportation of animals by rail- 
roads, see §§ 58-1122, 58-1127. 

§ 6-11. Penalty for violation of §§ 6-9 and 6-10. 

Any company or the owner or custodian of such animals who shall fail to 
comply with the provisions of §§ 6-9 and 6-10 shall, for each and every such of- 
fense, if found guilty, be fined not less than fifty nor more than five hundred 
dollars, in any court of competent jurisdiction. 

1942 Code § 1596; 1932 Code § 1596; Cr. C. '22 § 561; Cr. C. '12 § 912; Cr. C. '02 § 627; 
G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (,33) 118; 1924 (33) 949. 

§ 6-12. Custody of animal when person in charge arrested. 

When any person arrested is, at the time of such arrest, in charge of any ani- 
mal or any vehicle drawn by or containing any animal, any agent of the South 
Carolina Society for the Prevention of Cruelty to Animals, or of any society 
incorporated for that purpose, may take charge of such animal and of such 
vehicle and its contents and deposit the same in a safe place of custody or 
deliver the same into the possession of the police or sheriff of the 
county or place wherein the arrest was made, who shall thereupon assume the 
custody thereof ; and all necessary expenses incurred in taking charge of such 
property shall be a lien thereon. 

1942 Code § 1603; 1932 Code § 1603; Cr. C. '22 § 567; Cr. C. '12 § 918; Cr. C. '02 § 633; 
1S99 (23) 99; 1907 (25) 484. 

§ 6-13. Arrest for violation. 

Any person violating the laws in relation to cruelty to animals may be ar- 
rested and held, without warrant, in the same manner as in the case of persons 
found breaking the peace. 

318 



§6-14 Animals §6-17 

1942 Code § 1598; 1932 Code § 1S98; Cr. C. '22 § 562; Cr. C. '12 § 913; Cr. C. '02 § 628; 
G. S. 1706; R. S. 510; 1881 (17) o74. 

§ 6-14. Care of animals after such arrest. 

The person making the arrest, with or without warrant, shall use reasonable 
diligence to give notice thereof to the owner of the animals found in the 
charge or custody of the person arrested, if such person be not himself the 
owner, and shall properly care and provide for such animals until such owner 
shall take charge of the same; and the owner shall take charge of the animals 
within fifteen days from the date of such notice. The person making such 
arrest shall have a lien on the animals for the expense of such care and pro- 
vision. But if such person making the arrest be an agent of the South Carolina 
Society for the Prevention of Cruelty to Animals, or other society incorporated 
for that purpose, the provisions of § 6-12 shall apply in lieu of the provisions 
of this section. 

1942 Code § 1598; 1932 Code § 1598; Cr. C. '22 § 562; Cr. C. '12 § 913; Cr. C. '02 § 628; 
G. S. 1706; R. S. 510; 1881 (17) 574. 

§ 6-15. When search warrant may be issued. 

When complaint is made on oath or affirmation to any magistrate author- 
ized to issue warrants in criminal cases that the complainant believes and has 
reasonable cause to believe that the laws in relation to cruelty to animals have 
been or are being violated in any particular building or place, such magistrate, if 
satisfied that there is reasonable cause for such belief, shall issue a search war- 
rant authorizing any sheriff, deputy sheriff, deputy State constable, constable 
or police officer to search such building or place; but no such search shall 
be made after sunset, unless specially authorized by the magistrate upon sat- 
isfactory cause shown. 

1942 Code § 1599; 1932 Code § 1599; Cr. C. '22 § 563; Cr. C. '12 § 914; Cr. C. '02 § 629; 
G. S. 1707; R. S. 511; 1881 (17) 574. 

§ 6-16. Officers to arrest persons accused of cruelty to animals. 

All sheriffs, deputy sheriffs, deputy State constables, constables and police 

officers and one deputy for each township, who shall be appointed by the / i 

sheriff of each county, shall prosecute all violations of the provisions of this 

chapter which shall come to their notice or knowledge. The township deputy 

shall have the ill-treated or injured animal in evidence at the prosecution, when 

brought by him, and he may bring, or cause to be brought, such animal or 

animals. 

1942 Code § 1601; 1932 Code § 1601; Cr. C. '22 § 565; Cr. C. '12 § 916; Cr. C. '02 § 631; 
G. S. 1709; R. S. 513; 1905 (24) 952. 

§ 6-17. Disposition of fines. 

All fines collected upon complaint or information for violation of this chapter 
shall inure and be paid over as follows : 

(1) If the prosecution was brought by the township deputy, one-half shall 
be paid to him and remaining half shall be paid (a) to the local branch or 
chapter of the South Carolina Society for the Prevention of Cruelty to Ani- 

319 



j£ 



§6-18 



Code of Laws of South Carolina 



§6-18 



mals, in aid of the benevolent objects for which it was incorporated, or (b) 

if there be no local branch or chapter of said society in the town or city in 

which the prosecution took place, to the county for general county purposes ; 

(2) If the prosecution was not brought by the township deputy, one-half 

shall be paid to the county in which the prosecution was brought for general 

county purposes and the remaining one-half shall be paid (a) to the local 

branch or chapter of the South Carolina Society for the Prevention of Cruelty 

to Animals, for the purpose aforesaid, if there be such a branch or chapter in 

the town or city in which the prosecution took place or (b) if there be no such 

local branch or chapter, such remaining half shall likewise be paid to the 

county for general county purposes. 

1942 Code § 1601; 1932 Code § 1601; Cr. C. '22 § 565; Cr. C. '12 § 916; Cr. C. '02 § 631; 
G. S. 1709; R. S. 513; 1905 (24) 952. 

§ 6-18. Fines, etc., a lien on animals. 

All penalties, fines and costs incurred by reason of violations of any of the 

provisions of §§ 6-4, 6-5, 6-9, 6-10 or 6-14 shall constitute and be a lien upon 

the animal so cruelly used. 

1942 Code § 1602; 1932 Code § 1602; Cr. C. '22 § 566; Cr. C. '12 § 917; Cr. C. '02 § 632; 
G. S. 1710; R. S. 574; 1881 (17) 57S. 



CHAPTER 2. 
Dogs and Rabies. 



Article 1. 
Sheep-killing Dogs. 



Sec. 
6-101 



Keeping of sheep-killing dogs pro- 
hibited. 

6-102. Dogs worrying sheep may be killed. 

6-103. Killing dogs injuring stock in certain 
counties. 

6-104. Owners of sheep-killing dogs to pay 
for sheep killed. 

Article 2. 
Rabies Control Act. 

6-121. Short title. 

6-122. Definitions. 

6-123. Public health veterinarian; duties. 

6-124. Rabies control officer and additional 
personnel. 

6-125. Dogs inoculated annually; certificates 
and tags. 

6-126. Inoculation charge; disposition of 
fees. 

6-127. Notice to health department if ani- 
mal affected or suspected of being 
affected by rabies. 



Sec. 
6-128. 

6-129. 

6-130. 

6-131. 
6-132. 

6-133. 

6-134. 

6-135. 

6-136. 
6-137. 
6-138. 
6-139. 

6-140. 
6-141. 



Report of person bitten by animal to 
health department. 

Animal attacking or biting person to 
be confined; examination. 

Animal bitten by animal known or 
suspected of having rabies to be 
confined. 

Animal to be confined to prevent 
spread of rabies; inoculations. 

Uninoculated dog not to run at large; 
impounding and disposition of ani- 
mals. 

Dog pounds and redemption there- 
from. 

Dogs not inoculated not property in 
Lexington County. 

Furnish anti-rabic (human) vaccine 
free. 

Counties to provide funds. 

Report of county departments. 

Enforcement of article. 

Liability for accident or subsequent 
disease from inoculation. 

Penalties. 

Further municipal restrictions not 
prohibited. 



320 



§ 6-101 Animals § 6-121 

Article 1. 

Sheep-killing Dogs. 

§ 6-101. Keeping of sheep-killing dogs prohibited. 

No persons shall buy, sell, receive, give away or otherwise own, control, 
have or keep in possession any dog commonly called "sheep-killing" and known 
to be such. The violation, knowingly, in any one or all respects of the fore- 
going prohibition shall be a misdemeanor punishable, upon conviction, by a 
fine not exceeding one hundred dollars or imprisonment for not exceeding thir- 
ty days. 

1942 Code § 1178; 1932 Code § 1178; Cr. C. '22 § 68; Cr. C. '12 § 212; 1909 (26) 121. 

§ 6-102. Dogs worrying sheep may be killed. 

Any person who may find any dog in the act of worrying or destroying 

any sheep in this State may kill such dog and such person shall not for so 

doing be held to answer to any action, civil or criminal. 

1942 Code § 3422; 1932 Code § 3422; Civ. C. '22 § 1038; Civ. C. '12 § 3437; Civ. C. '02 
§ 2351; G. S. 1701; R. S. 1835; 1878 (16) 563. 

Section implies there may be unlawful dog; otherwise such legislation is absolute- 
killing. — The implication of this section is ly useless. Salley v. Manchester, etc., R. 
that there may be an unlawful killing of a Co. 54 S. C. 481, 32 S. E. 526. 

§ 6-103. Killing dogs injuring stock in certain counties. 

Any magistrate in Fairfield, Richland or York County on proof that any dog 
has killed or worried any sheep or other livestock shall order such dog to be 
killed. 

1942 Code §§ 3426, 3427; 1932 Code §§ 3426, 3427; 1928 (35) 1853; 1929 (36) 1031. 

§ 6-104. Owners of sheep-killing dogs to pay for sheep killed. 

The owner of or person having in his care or keeping any dog shall be liable 

to pay to the person damaged double the value of any sheep that may be killed 

or injured by such dog, to be recovered by action at the suit of the person 

damaged in any court having competent jurisdiction. In all such actions the 

recovery of ten dollars or more shall carry costs. 

1942 Code § 3423; 1932 Code § 3423; Civ. C. '22 § 1039; Civ. C. '12 § 3438; Civ. C. '02 
§ 2352; G. S. 1702; R. S. 1836; 1859 (12) 826. 

Construction of the words "care and keep- gletary, 15 Rich. (49 S. C. Law) 240. 
ing" should be determined by court and Stated in Salley v. Manchester, etc., R. 

not submitted to jury. Cockfield v. Sin- Co., 54 S. C. 481, 32 S. E. 526. 

Article 2. 
Rabies Control Act. 

§6-121. Short title. 

This article may be referred to as the "Rabies Control Act." 
1950 (46) 2406. 

[ISC Code]— 21 321 



§ 6-122 Code of Laws of South Carolina § 6-124 

§ 6-122. Definitions. 

Whenever used in this article, unless a contrary intention is clearly evident, 
the following terms shall be interpreted as herein defined : 

(1) The term "dog" shall mean and include all members of the canine fam- 
ily four months or more of age, including foxes and other such canir.es; 

(2) The term "owner" shall mean and include any person who (a) has a 
right of property in a dog, (b) keeps or harbors a dog or who has it in his care 
or acts as its custodian or (c) permits a dog to remain on or about any prem- 
ises occupied by him ; 

(3) The term "inoculation against rabies" shall mean the injection, subcutane- 
ously or otherwise, of canine anti-rabic vaccine as approved by the State Board 
of Health and by the U. S. Bureau of Animal Industry ; and 

(4) The term "rabies control officer" shall mean any person appointed for 
the control of rabies with the approval of the State Health Officer under the 
provisions of this article. 

1950 (46) 2406. 

§ 6-123. Public health veterinarian ; duties. 

The State Board of Health may employ a licensed doctor of veterinary 
medicine to serve as public health veterinarian of the State Board of Health. 
He shall aid county health departments and rabies control officers in the 
administration and enforcement of the provisions of this article, including the 
supervision of forms of certificates and tags to effecutate the inoculation pro- 
gram herein provided. He shall aid in the preparation of literature describing 
the symtoms of rabies and preventive measures to be taken against the spread 
of rabies, such information to be distributed to dog owners at the time of in- 
oculation of animals, and shall otherwise promote efficiency in the program of 
inoculation and rabies control herein provided. In addition to the above, he 
shall aid administratively in the prevention and control of all diseases com- 
municable from animal to man which may become prevalent in this State and 
in combatting such disease, in cooperation with the Chief Game Warden, the 
extension service of The Clemson Agricultural College of South Carolina and 
any other State or Federal agencies engaged in similar efforts to combat dis- 
eases communicable from animal to man. 

19S0 (46) 2406. 

§ 6-124. Rabies control officer and additional personnel. 

For the purpose of providing proper enforcement of the provisions of this 
article, each county board of health shall act as, or appoint annually on or be- 
fore July 1 a licensed graduate veterinarian or other properly qualified person 
who shall be known as, rabies control officer. In those counties in which 
there is no county board of health, such appointment shall be made by the 
State Board of Health. Such additional personnel may be appointed and as- 
signed as is deemed necessary. The rabies control officer shall be subject to 
all rules and regulations for a merit system of personnel administration. 

1950 (46) 2406. 

322 [ I SC Code] 



§6-125 Animals §6-128 

§6-125. Dogs inoculated annually; certificates and tags. 

Prior to July 1 of each year every owner of a dog shall have his dog inocu- 
lated against rabies. Evidence of such inoculation shall consist of a certificate 
signed by a licensed graduate veterinarian or the duly authorized person 
administering the vaccine. This certificate shall be in a form prepared and 
issued by the State Board of Health and no other certificate shall be used. 
The veterinarian may stamp or write his name and address on such 
certificate. One copy of the certificate shall be given to the owner, one filed 
with the county health department and one retained by the person admin- 
istering the vaccine. Coincident with the issuance of the certificate of inocu- 
lation, the licensed graduate veterinarian, the rabies control officer or one 
of his assistants shall also furnish a serially numbered metal license tag 
bearing the same number and year as the certificate. The metal license tag, 
when issued by the licensed graduate veterinarian, shall bear the name of such 
veterinarian. The metal license tag shall at all times be attached to a collar 
or harness worn by the dog for which the certificate and tag have been issued. 

19S0 (46) 2406. , X 

: ' 
§ 6-126. Inoculation charge ; disposition of fees. 

The charge for inoculation or vaccination of a dog at scheduled clinics shall 
not exceed one dollar, including the cost of the vaccine and such charge shall 
be paid by the owner. Fees collected by veterinarians shall be their compen- 
sation. All other fees shall be deposited in county treasurers' offices as 
general county funds. 

1950 (46) 2406. 

§ 6-127. Notice to health department if animal affected or suspected of being af- 
fected by rabies. 

Whenever a dog, cat or other animal is affected by rabies or suspected of 
being affected by rabies or has been bitten by an animal known or suspected 
to be affected by rabies the owner of the animal or any person having knowl- 
edge thereof shall forthwith notify the county health department in the county 
in which the animal is located, stating precisely where the animal may be 
found. 

1950 (46) 2406. 

§ 6-128. Report of person bitten by animal to health department. 

Every physician after his first professional attendance upon a person bitten 
by a dog, cat or other animal shall within twelve hours report to the county 
health department the name, age, sex, color and precise location of the per- 
son so bitten and, when no physician attends, the parent or guardian of every 
child so bitten shall, within twelve hours after first having knowledge that 
the child was so bitten, make a like report to the county health department. 
When no physician attends an adult so bitten such adult or the person caring 
for him shall make a like report to the county health department. 

1950 (46) 2406. 

323 



§ 6-129 Code of Laws of South Carolina § 6-132 

§ 6-129. Animal attacking or biting person to be confined; examination. 

The county health department shall serve notice upon the owner of a 
dog, cat or other animal which has attacked or bitten a person to confine 
the animal at the expense of the owner upon his premises or at a county 
pound or other place designated in the notice for a period of at least ten 
days after the animal has attacked or bitten a person. And the licensed 
graduate veterinarian, the rabies control officer or his assistants shall be 
permitted by the owner of such dog, cat or other animal which has attacked 
or bitten a person to examine the animal at any time, and daily if desired, 
within the ten day period of confinement, to determine whether such animal 
shows symptoms of rabies. No person shall obstruct or interfere with the 
rabies control officer or his assistants in making such examination. 

1950 (46) 2406. 

§ 6-130. Animal bitten by animal known or suspected of having rabies to be 
confined. 

The county health department shall serve a notice in writing upon the owner 
of a cat, dog or other animal known to have been bitten by an animal known 
or suspected of being affected by rabies, requiring the owner to confine such 
animal for a period of not less than six months, except that animals prop- 
erly treated with anti-rabic vaccine shall be confined for a period of not less 
than three months. 

1950 (46) 2406. 

§ 6-131. Animal to be confined to prevent spread of rabies; inoculations. 

Whenever the county board of health or the county health department 
has reason to believe, or has been notified by the State Board of Health, that 
there is danger that rabies may spread within that county, such board or 
department shall serve public notice by publication in a newspaper of gen- 
eral circulation in such county, requiring the owners of cats, dogs and other 
pet animals specified to confine such cats, dogs or pet animals for such period 
as may be necessary to prevent the spread of rabies in such county. And 
when it shall be deemed advisable in the interest of public safety, the State 
Board of Health may order the inoculation against rabies of all cats, dogs or 
other pet animals so confined, whether or not such animal has been previ- 
ously inoculated under the provisions of this article, and the State Board 
of Health shall aid the county health department in the execution of such 
emergency inoculations. 

1950 (46) 2406. 

§6-132. Uninoculated dog not to run at large; impounding and disposition 
of animals. 
It shall be unlawful for any owner of any dog which has not been inocu- 
lated, as required by § 6-125, to allow it to run at large. The county health 
department may capture and impound any such dog found running at large 
and dispose of such animal by sale or a humane form of execution, if such 
animal remains unclaimed for three days. Such power to impound and 

324 



§6-133 Animals §6-137 

dispose of animals shall extend to apply to any and all animals unclaimed 
and found or suspected to be affected by rabies, whether wild or domestic, 
and the Chief Game Warden and the livestock sanitary department of The 
Clemson Agricultural College of South Carolina shall cooperate with and 
aid the State Board of Health and the county health departments in the 
enforcement of this provision as affects animals found or suspected to be 
affected by rabies when such animals are in their care, jurisdiction or control. 
1950 (46) 2406. 

§ 6-133. Dog pounds and redemption therefrom. 

Every county in the State and every municipality over the population of ten 
thousand in which the county pound is not located shall provide a suitable en- 
closure for the impounding of all dogs found running at large in violation 
of this article. In case the owner of any impounded animal desires to make 
redemption thereof, he must first pay for the inoculation thereof, for the 
board of the dog for the period for which it was impounded and one dollar 
in addition as cost. Such cost when collected shall go toward defraying the 
expense of operating the pound where the dog was confined. 

1950 (46) 2406. 

§ 6-134. Dogs not inoculated not property in Lexington County. 

No dog that has not been inocluated against rabies in accordance with the 
provisions of this article shall be held to be property in any of the courts of 
Lexington County. 

1951 (47) 147. 

§ 6-135. Furnish anti-rabic (human) vaccine free. 

The State Board of Health shall furnish free of cost anti-rabic (human) 
vaccine to the physician attendant upon persons bitten by any dog, cat or 
other animal found or suspected to be affected by rabies. Such anti-rabic 
(human) vaccine shall meet the standard and approval of the U. S. Public 
Health Service. 

1950 (46) 2406. 

§ 6-136. Counties to provide funds. 

The funds to carry out the provisions of this article shall be provided by 
the several counties of the State. 

1950 (46) 2406. 

§ 6-137. Report of county departments. 

Each county health department shall furnish information to the State 
Board of Health concerning all cases of rabies and the prevalence of rabies 
within the county and shall make a monthly report showing the number of 
dogs inoculated, fees and penalties collected and the number of cases of 
rabies occuring in such county. 

1950 (46) 2406. 

325 



§ 6-138 Code of Laws of South Carolina § 6-201 

§ 6-138. Enforcement of article. 

The rabies control officer, under the direction of the county health de- 
partment or the county board of health, shall enforce the provisions of 
this article and, for the purpose of enforcing this article, the sheriff and his 
deputies and the police officers in each incorporated municipality shall be 
aides and are instructed to cooperate with the county health department in 
carrying out the provisions of this article. 

1950 (46) 2406. 

§ 6-139. Liability for accident or subsequent disease from inoculation. 

The county health departments, the county rabies control officers, their 
assistants, the State Board of Health, the public health veterinarian or any- 
one enforcing the provisions of this article shall not be held responsible for 
any accident or subsequent disease that may occur in connection with the 
inoculation of any animal as herein provided. 

1950 (46) 2406. 

§6-140. Penalties. 

Any person refusing to comply with the provisions of this article or vio- 
lating any of the provisions hereof shall be guilty of a misdemeanor and 
upon conviction shall be fined not more than one hundred dollars or im- 
prisoned not more than thirty days, for each offense. 

1950 (46) 2406. 

§ 6-141. Further municipal restrictions not prohibited. 

Nothing in this article shall be construed to limit the power of any mu- 
nicipality within the State to prohibit dogs from running at large, whether 
or not they have been inoculated as herein provided ; nor shall anything in 
this article be construed to limit the power of any municipality to regulate 
and control further in such municipality and to enforce other and additional 
measures for the restriction and control of rabies. 

1950 (46) 2406. 

S 

CHAPTER 3. 

ESTRAYS. 

Sec. Sec. 

6-201. Finder to advertise and take before 6-206. Claim of owner after sale; use of pur- 
magistrate for appraisement. chase money. 

6-202. Appraisal; certificate of appraise- 6-207. Certificate to be recorded; record 
ment. open to inspection. 

6-203. Advertisement by magistrates. 6-208. Compensation for keeping estray. 

6-204. Sale if not claimed. 6-209. Penalties for failure to perform du- 

6-205. Note of purchaser; suit thereon. ties. 

§ 6-201. Finder to advertise and take before magistrate for appraisement. 

If an estray shall be found wandering in or about the plantation of any free- 
holder or settled resident, such freeholder or resident may take the same 

326 






*V 



§ 6-202 Animals § 6-205 

into possession and shall advertise the same within three days thereafter, 
in three or more public places in the county wherein the person so taking 
up the estray may reside; and such person shall, within ten days after adver- 
tising as aforesaid, take such estray to the nearest magistrate for appraisal 
except that hogs, sheep, neat cattle or goats shall be appraised at the place 
taken up. 

1942 Code § 6270; 1932 Code § 6270; Civ. C. '22 § 5130; Civ. C. '12 § 3386; Civ. C. '02 
§ 2275; G. S. 1610; R. S. 1802; 1S03 (5) 465. 

§ 6-202. Appraisal ; certificate of appraisement. 

Every magistrate before whom an estray shall be returned shall cause 
the same to be appraised, on oath, by three proper persons in the vicinity, who 
shall certify their appraisement under their hands, together with an accurate 
description of the color, size, age, brands and marks of the estray ; where- 
upon the magistrate shall enter such certificate at large in his book and shall, 
within ten days thereafter, send a duplicate of the certificate to the clerk 
of the court of the county in which the estray shall have been taken up. 

1942 Code § 6271; 1932 Code § 6271; Civ. C. '22 § 5131; Civ. C. '12 § 3387; Civ. C. '02 
§ 2276; G. S. 1611; R. S. 1803; 1803 (5) 465; 1839 (11) 30. 

§ 6-203. Advertisement by magistrates. 

At the same time such magistrate shall cause the estray to be advertised 
at three or more public places in the county, one of which shall be on the 
court house door, for twenty days or by advertising in a newspaper pub- 
lished within the county. For printing such advertisement the printer shall 
lie entitled to one dollar, which shall be paid by the owner of such estray or 
taken out of the sale price of the same. 

1942 Code §§ 6272, 6274; 1932 Code §§ 6272, 6274; Civ. C. '22 §§ 5132, 5134; Civ. C. *12 
§§ 3388, 3390; Civ. C. '02 §§ 2277, 2279; G. S. 1612, 1614; R. S. 1804, 1806; 1803 (5) 465; 
1839 (11) 30; 1935 (39) 226. 

Cross reference. — As to proceedings when 
the owner of trespassing stock is unknown, 
see § 6-319. 

§ 6-204. Sale if not claimed. 

When no owner shall appear and prove his property within the time di- 
rected for advertising, the magistrate shall cause the same to be publicly 
advertised for ten days and sold on a credit of six months, except the costs 
of the proceeding which shall be paid in cash. 

1942 Code § 6273; 1932 Code § 6273; Civ. C. '22 § 5133; Civ. C. '12 § 3389; Civ. C *02 
§ 2278; G. S. 1613; R. S. 1805; 1839 (11) 30. 

§ 6-205. Note of purchaser ; suit thereon. 

The purchaser shall give his note, with approved security, to the magis- 
trate, in the name of the governing body of the county wherein such estray 
shall be taken up, and the magistrate shall immediately deliver the note 
to such governing body which may, in default of payment, sue for and re- 
cover the same. 

1942 Code § 6273; 1932 Code § 6273; Civ. C. '22 § 5133; Civ. C. '12 § 3389; Civ. C "02 
§ 2278; G. S. 1613; R. S. 1805; 1839 (11) 30. 

U7 



§ 6-206 Code of Laws of South Carolina § 6-209 

§ 6-206. Claim of owner after sale ; use of purchase money. 

If any person shall put in a just and lawful claim to such estray at any time 

after the sale and before the note becomes due, the governing body of the 

county shall give up the note to the claimant on his paying the customary 

fees; but if no such owner shall appear the governing body shall cause the 

amount of the same to be collected and appropriated to the proper use of the 

county. 

1942 Code § 6275; 1932 Code § 6275; Civ. C. '22 § 5135; Civ. C. '12 § 3391; Civ. C. '02 
§ 2280; G. S. 1615; R. S. 1807; 1789 (5) 137; 1803 (5) 465. 

§ 6-207. Certificate to be recorded ; record open to inspection. 

The clerk of the court shall file the duplicate certificate of the appraisers 
and magistrate in all instances of estrays taken up, when the same shall be 
returned, and also the certificate of such magistrate of the amount and dis- 
position of the funds arising therefrom. Such certificate shall be entered in the 
book of estrays which shall always be subject to the inspection of any person 
desiring to examine the same, free of charge. 

1942 Code § 6276; 1932 Code § 6276; Civ. C. '22 § 5136; Civ. C. '12 § 3392; Civ. C. '02 
§ 2281; G. S. 1616; R. S. 1808: 1939 (11) 111. 

§ 6-208. Compensation for keeping estray. 

As compensation for keeping and maintaining estrays until the time of 
sale, the taker up may, at his option, either put them to moderate labor for 
use, if a horse, mare or gelding, ass or mule, or demand and receive therefor 
such a reasonable allowance as the court or magistrate shall judge adequate ; 
provided, always, that when any estray shall have been put to labor or use the 
taker up shall be obliged to produce it at the time of sale, unavoidable acci- 
dents excepted, in as good order and condition as it was when appraised, and 
shall be liable to an action for damages by the owner of any such estray 
for any abuse thereof, if the owner shall claim the estray within the time 
prescribed in this chapter. 

1942 Code § 6277; 1932 Code § 6277; Civ. C. '22 § 5137; Civ. C. '12 § 3393; Civ. C. '02 
§ 2282; G. S. 1617; R. S. 1809; 1789 (5) 138; 1803 (5) 466. 

§ 6-209. Penalties for failure to perform duties. 

Any magistrate, clerk of court or person taking up any estray who shall 

refuse or neglect to perform the duties prescribed by this chapter or shall 

convert to his own use any such estray shall forfeit and pay the sum of 

twenty-five dollars, to be recovered and applied to the use of any person who 

shall inform and sue for the same, and shall moreover be liable in damages 

to the party aggrieved. 

1942 Code §§ 6279, 6280; 1932 Code §§ 6279, 6280; Civ. C. '22 §§ 5139, 5140; Civ. C. '12 
§§ 3395, 3396; Civ. C. '02 §§ 2284, 2285; G. S. 1619, 1620; R. S. 1811, 1812; 1803 (5) 466. 



328 



§ 6-301 



Animals 



§ 6-301 



CHAPTER 4. 
Livestock and Poultry Generally.* 



Article 1. 

General Provisions. 
Sec. 
6-301. Marking or disfiguring animals of 

another. 
6-302. Marking smaller animals of another. 
6-303. Use of livestock without permission. 
6-304. Alterations of teeth of horses or 

mules. 
6-305. Loading or hauling of cattle at night 

by truck in Berkeley County. 

Article 2. 

Livestock Trespassing or Run- 
ning at Large. 

6-311. Domestic animals not to be permitted 

to run at large. 
6-312. Same; local exceptions. Berkeley 

County. 
6-313. Same; local exception, Georgetown 

County. 
6-314. Remedy when stone-horse permitted 

to run at large. 
6-315. Stock coming into this State not to 

be permitted to run at large. 
6-316. Liability of owners of stock tres- 
passing. 
6-317. Stock trespassing may be seized. 
6-318. Liability of owner for maintenance 

bond; recovery of possession. 
6-319. Proceedings when owner unknown. 
6-320. Proceedings when owners neglect to 

adjust penalties. 



Sec. 

6-321. Rescuing trespassing stock a misde- 
meanor. 

6-322. Satisfaction a defense in criminal 
prosecutions. 

Article 3. 

Regulation of Stockyards, Deal- 
ers in Livestock, etc. 

6-331. "Livestock market" defined. 

6-332. Permit. 

6-333. Application for permit. 

6-334. Inspection; grant and revocation of 
permit. 

6-335. Duration of permits. 

6-336. Bond. 

6-337. Facilities required and condition 
thereof. 

6-338. Records. 

6-339. Cattle to be tested for brucellosis. 

6-340. Animals to be tested for tuberculosis 
and paratuberculosis. 

6-341. Swine to be inoculated against chol- 
era. 

6-342. Liability of person removing live- 
stock for slaughter. 

6-343. Infected or exposed animals. 

6-344. Veterinarians for auctions; costs of 
tests, etc. 

6-34" Rules and regulations. 

6-346. Enforcement by peace officers. 

6-347. Penalties. 



Article 1. 

General Provisions. 

§ 6-301. Marking or disfiguring animals of another. 

Whoever shall be lawfully convicted of wilfully and knowingly marking, 
branding or disfiguring any horse, mare, gelding, filly, ass, mule, bull, cow, 
steer, ox or calf of any other person shall, for each and every such animal 
which he shall be convicted of marking, branding or disfiguring as afore- 
said, be subject to a penalty of one hundred dollars or to imprisonment for 
a term not exceeding six months or both, in the discretion of the court. In 
case such offender shall afterwards repeat the same or commit a like offense, 
on conviction thereof he shall be liable to a fine of two hundred dollars or to 



* As to petition signed by freeholders to amend stock law, see § 30-306. As to liens of 
owners of stock horses, etc., on issue, see § 45-554. As to regulation of peddling of horses, 
mules and livestock, see §§ 56-1231 to 56-1245. As to stock guard at railroad crossings, 
see § 58-997. As to unclaimed livestock shipped by railroads, see § 58-603. 

329 



§ 6-302 Code of Laws of South Carolina § 6-305 

imprisonment for a term not exceeding one year or both, in the discretion 

of the court, for each animal by him so marked, branded or disfigured. 

1942 Code § 1186; 1932 Code § 1186; Cr. C. '22 § 77; Cr. C. '12 § 226; Cr. C. '02 § 173; 
G. S. 2503; R. S. 168; 1789 (5) 139; 1892 (21) 115. 

Shaving the mane and cropping the hair the offense of disfiguring. State v. Smith, 
from the tail of a mare does not constitute Chev. (25 S. C. Law) 157. 

§ 6-302. Marking smaller animals of another. 

Whoever shall be lawfully convicted of wilfully and knowingly marking, 
branding or disfiguring any sheep, goat or hog of any other person shall, 
for each and every sheep, goat or hog which he shall be convicted of marking, 
branding or disfiguring as aforesaid, be subject to a penalty of twenty-five 
dollars or to imprisonment for a term not exceeding twenty days. In case 
such offender shall afterwards repeat the same or commit a like offense, on 
conviction thereof he shall be liable to a fine of fifty dollars or to imprison- 
ment for a term not exceeding thirty days for each and every sheep, goat 
or hog by him so marked, branded or disfigured. 

1942 Code § 1187; 1932 Code § 1187; Cr. C. '22 § 78; Cr. C. '12 § 227; Cr. C. '02 § 174; 
G. S. 2504; R. S. 169; 1789 (5) 140; 1892 (21) 115. 

§ 6-303. Use of livestock without permission. 

Whoever knowingly and wilfully shall take and use any horse, mare or 

mule without the consent of the owner thereof, but without intent to steal 

the same, shall be guilty of a misdemeanor and, upon conviction, shall be 

punished by a fine of not more than five hundred dollars or by imprisonment 

for a period of not more than one year or both fine and imprisonment, in the 

discretion of the court. 

1942 Code § 1209; 1932 Code § 1209; Cr. C. '22 § 97; Cr. C. '12 § 228; Cr. C. '02 § 175; 
R. S. 170; 1883 (18) 434; 1917 (30) 43-47. 

Distinction between stealing and taking to to use without consent of the owner, see 
use. — For a charge illustrating the distinc- State v. Sanders, 56 S. C. 415, 35 S. E. 133. 
tion between stealing a horse and taking it Cited in Singletarv v. Wilson, 191 S. C. 

153, 3 S. E. (2d) 802. 

§ 6-304. Alterations of teeth of horses or mules. 

Any person who files down or drills, bores holes or otherwise make alter- 
ations in the teeth of any horse or mule for the purpose of deception as to 
the age of such animal shall be guilty of a misdemeanor and, upon convic- 
tion thereof, shall be punished by imprisonment for not exceeding thirty days 
or by a fine not to exceed one hundred dollars. 

1942 Code § 5806-44; 1932 Code § 1337; Cr. C. '22 § 227; Cr. C. '12 § 521; 1904 (24) 498. 

§ 6-305. Loading or hauling of cattle at night by truck in Berkeley County. 

It shall be unlawful for any person to load or haul by truck any cattle in 
Berkeley County between the hours of sunset and sunrise, unless such per- 
son shall have first applied to the magistrate of the district in which it is de- 
sired to load such cattle to be hauled and obtained a written permit to do 
so. Such permit shall show the name of the permittee, the name of the per- 

330 



§ 6-311 Animals § 6-312 

son from whom the cattle have been purchased or otherwise acquired and 
a description of such cattle, including marks and brands. All such persons 
loading or hauling cattle under such permits shall keep the permits on their 
person during such time and upon signal to stop given by any county or 
state officer shall stop and upon request shall exhibit such permit. Loading 
or transporting any cattle in violation of the provisions of this section shall 
be a misdemeanor punishable by a fine of not more than one hundred dollars 
or by a sentence on the public works of the county not exceeding thirty days. 
1942 Code § 1597; 1932 Code § 1S97; 1930 (36) 1274, 1308. 

Article 2. 

Livestock Trespassing or Running at Large. 

§ 6-311. Domestic animals not to be permitted to run at large. 

It shall be unlawful for the owner or manager of any domestic animal 

of any description wilfully or negligently to permit any such animal to run 

at large beyond the limits of his own land or the lands leased, occupied or 

controlled by him. Any owner, manager or person violating the provisions 

of this section shall be subject to a fine for each offense of not more than 

twenty-five dollars or to imprisonment for not more than twenty-five days. 

1942 Code §§ 6281, 62S2; 1932 Code §§ 1221, 6281, 6282, 6283; Civ. C. '22 §§ 3276. 3277: 
Civ. C. '12 §2280: Civ. C. '02 § 1497; G. S. 1184; R. S. 1288; 1898 (20) 800; 1905 (24) 959; 
1906 (25) 116; 1908 (25) 1048; 1913 (28) 29; 1917 (30) 330; 1918 (30) 848; 1919 (31) 152; 
1920 (31) 719, 877, 1051; 1921 (32) 200; 1925 (34) 24; 1927 (35) 749; 1943 (43) 306. 

This section is not limited by § 6-316. — And owner or manager is liable in dam- 
This section imposes certain duties upon the ages. — When another person sustains dam- 
owners and managers of stock, and the ages, as the direct and proximate result of 
law operating independently of the statute failure, on the part of the owner or man- 
will hold them liable for failure to observe ager, to discharge the duty imposed by this 
these duties, and § 6-316, while giving cer- section, the law, operating independently of 
tain specific remedies, does not limit this the statute, when it fails to provide an ad- 
section, under which relief can be ob- equate remedy for the injured party, ren- 
tained by an action for damages. Kirby v. ders the owner or manager liable in dam- 
Mathis, 89 S. C. 252, 71 S. E. 862. ages. Kirby v. Mathis, 89 S. C. 252, 71 S. 

E. 862. 

§ 6-312. Same ; local exceptions, Berkeley County. 

The provisions of §6-311 are hereby suspended insofar as they relate to: -""^"i 

(1) All that territory in Berkeley County lying east of the right of way-^-' - ' 
and fence formerly known as the line fence and running from the Santee A 
River at a point near St. Stephens and extending to the Cooper River at a a ti 
point near Cordesville known as Lightwood Landing; 

(2) All of that territory in Berkeley County having the following courses and 
boundaries: Beginning at the Joe Stephen Place on the west side of Pinopolis 
Road, thence along the west side of said road down through Whitesville 
and the Barrows following Highway No. 64 on the west side to Carnes 
Cross Roads, thence from Carnes Cross Roads following South Carolina 
Highway No. 31 on the north side to Cooper's Store, thence following the 
Murraysville Road on the south side of St. John's Church, thence from St. 

331 



« 



§ 6-313 Code of Laws of South Carolina § 6-313 

John's Church down the Pinopolis Road on the west side to Joe Stephens' 
Place, the beginning point ; and 

(3) All of that territory in Berkeley County having the following courses 
— " and boundaries : beginning on the eastern side of South Carolina High- 
" way No. 64 at the intersection of the State Highway known as "The Oakley 
Road" and thence along the south side of the said Oakley Road to the right 
of way of the Atlantic Coast Line Railway Company at Oakley, thence south 
along the western right of way of the Atlantic Coast Line Railway Company 
to the State Highway known as the "Strawberry Road," thence following 
the north side of the Strawberry Road to South Carolina Highway No. 64, 
thence following the eastern side of State Highway No. 64 to the point of 
beginning. 

The suspensions provided above in this section shall continue until 
February 15 1953. 

Any person owning lands within the territory embraced in the terms of 

this section who may be damaged on account of stock running at large on 

his lands may demand an arbitration for the purpose of determining the 

amount of such damage. In such arbitration the person damaged shall appoint 

one person and the owner of the stock doing the damage shall appoint one person 

and the two persons so appointed shall appoint a third person and such three 

persons shall determine the amount of damage that should be assessed and 

the amount so determined shall be binding upon all the parties concerned. 

The procedure therein shall be governed by the laws relating to arbitration in 

this State. 

1942 Code § 6281; 1932 Code §§ 1221, 6281, 6283; Civ. C. '22 § 3276; Civ. C. '12 § 2280; 
Civ. C. '02 § 1497; G. S. 1184; R. S. 1288; 1898 (22) 800; 1905 (24) 959; 1906 (25) 116; 1908 
(25) 1048; 1913 (28) 29; 1917 (30) 330: 1918 (30) 848; 1919 (31) 152; 1920 (31) 719, 877, 
1051; 1921 (32) 200; 1925 (34) 24; 1927 (35) 749; 1943 (43) 306; 1949 (46) 543; 1951 (47) 
412. 

This section is constitutional. — Sanders 40 S. C. 336, 18 S. E. 938: Sanders v. Ven- 

v. Donnelly, 86 S. C. 94, 67 S. E. 1070. ning, 38 S. C. 502, 17 S. E. 134; Fort v. 

For cases concerning the constitutionality Goodwin, 36 S. C. 445, 15 S. E. 723; Smith 

of related enactments, see Hamer v. Brown, v. Bivens, 56 F. 352. 

§ 6-313. Same; local exception, Georgetown County. 

In Georgetown County the following territory shall be known as a com- 
munity pasture and shall not be affected by the provisions of §6-311, to wit: 
all that territory in said county beginning at a point on Harris Lake and run- 
ning thence to Klisock Bay, thence to Grovelly Gully, thence to the south- 
west bank of Sampit River at or near Sampit Bridge, thence along the Sampit 
River to the right of way of the Seaboard Air Line Railroad, thence along 
the line of the right of way of the Seaboard Air Line Railroad to the Santee 
River. A substantial fence shall be built enclosing said community pasture 
and to carry out the building of such fence a committee of five shall be ap- 
pointed by the governing body of the county who shall see that a proper 
fence is built to enclose the cattle in said territory and that the same be main- 
tained for that purpose. If any member of the committee herein to be ap- 
pointed refuses to serve or his place is made vacant by any other reason. 

332 



§6-314 Animals §6-316 

then the remaining members of the committee shall have the right to fill his 
place. Any cleared land within this territory that is used for farming pur- 
poses and from around which the fence has heretofore been removed shall have a 
fence placed around it to carry into effect this section and to protect the owner 
of the cleared land and the committee herein required to be appointed shall 
have such fence erected. Before the provisions of § 6-311 shall cease to apply 
in said territory the fence inclosing said community pasture shall be inspected 
and approved by the veterinarian in charge of the eradication of ticks. 

1942 Code §6281; 1932 Code §§ 1221, 6281, 6283; Civ. C. '22 §3276; Civ. C. '12 §2280; 
Civ. C. '02 §1497; G. S. 1184; R. S. 1288; 1898 (20) 800; 1905 (24) 959; 1906 (25) 116; 
1908 (25) 1048; 1913 (28) 29; 1917 (30) 330; 1918 (30) 848: 1919 (31) 152; 1920 (31) 719, 
877, 1051; 1921 (32) 200; 1925 (34) 24; 1927 (35) 749; 1943 (43) 306. 

For cases concerning the constitutionality ning, 38 S. C. 502, 17 S. E. 134; Fort v. 
of related enactments, see Hamer v. Brown, Goodwin, 36 S. C. 445, 15 S. E. 723; Smith 
40 S. C. 336, 18 S. E. 938; Sanders v. Ven- v. Bivens, 56 F. 352. 

§ 6-314. Remedy when stone-horse permitted to run at large. 

If any person shall negligently suffer any stone-horse above the age of 
twenty months to run at large it shall be lawful for any person to catch the 
same and recover from the owner thereof two dollars and fifty cents for so 
doing and any person whose stock may be damaged or injured by such stone- 
horse running at large shall have a lien thereon for such damage superior to 
all other liens, except liens for taxes, and enforceable in any court of com- 
petent jurisdiction either by attachment or by summons and complaint and 
special judgment for the sale thereof without attachment, or, in any case 
in which the person suffering damage to his stock has obtained possession, 
by retention of such possession until judgment, execution and levy ; provided, 
however, that the lien hereby given shall cease if foreclosure thereof be not 
commenced within ninety days after the damage or injury complained of is 
done. 

1942 Code § 6278; 1932 Code § 6278; Civ. C. '22 § 5138; Civ. C. '12 § 3394; Civ. C. '02 
§ 2283; G. S. 1618; R. S. 1810; 1789 (5) 139; 1915 (29) 250. 

§ 6-315. Stock coming into this State not to be permitted to run at large. 

It shall be unlawful for any person to drive, cause to be driven or in any 
other manner permit to come into this State any horse, mule, hog, cattle, 
sheep or other livestock and suffer it to run at large in any marsh, forest 
lands or range in this State. Any person so offending shall be subjected 
to a penalty of five dollars for each head so permitted to run at large, to 
be recovered for the benefit of any one who may sue for the same, or the of- 
fender shall be proceeded against by attachment in case he cannot be found 
in this State. But this section shall not apply to any person owning lands 
in this State who permits such stock to run at large, as aforesaid, upon his 
own lands, nor to any person driving or causing to be driven any such stock 
to or from market or for breeding purposes. 

1942 Code § 5806-45; 1932 Code § 1341; Cr. C. '22 § 230; Cr. C. '12 § 524; 1903 (24) 124. 

§ 6-316. Liability of owners of stock trespassing. 
Whenever any domestic animals shall be found upon the lands of any other 

233 



§6-317 Code of Laws of South Carolina §6-319 

person than the owner or manager of the same, the owner of such trespassing 
stock shall be liable for all damages sustained and for the expenses of seizure 
and maintenance. Such damages and expenses shall be recovered, when 
necessary, by action in any court of competent jurisdiction. And the tres- 
passing stock shall be held liable for such damages and expenses, in pref- 
erence to all other liens, claims or encumbrances upon it. 

1942 Code § 6284; 1932 Code § 6284; Civ. C. '22 § 3278; Civ. C. '12 § 2281; Civ. C. '02 
§ 1498; G. S. 1185; R. S. 1289; 1881 (17) 592. 

This section is not in conflict with § 6- trespassing upon the lands of another per- 

311. Kirby v. Mathis, 89 S. C. 252, 71 S. E. son. Kirby v. Mathis, 89 S. C. 252, 71 S. E. 

862. 862. 

This section was not intended to con- Plaintiff is entitled to damages whether 

flict with the provision of § 6-311 but to he has conformed to law or not. Utsey v. 

state more specifically the rights and liabil- Hiott, 30 S. C. 360, 9 S. E. 338. 
ities of the owner when the stock is found 

§ 6-317. Stock trespassing may be seized. 

Any freeholder or tenant of land, his agent or representative, may seize 
and hold possession of any domestic animal which may be trespassing 
upon his premises and as compensation for such seizure may demand of the 
owner of every such horse, mule, ass, jennet, bull, ox, cow. calf or swine the sum 
of fifty cents, and of every such sheep, goat or other animal not herein named 
the sum of twenty-five cents, together with just damages for injuries sus- 
tained. Such claim shall, when possible, be laid before the owner of the tres- 
passing stock within forty-eight hours after seizure of the same. 

1942 Code § 6285; 1932 Code § 6285; Civ. C. '22 § 3279; Civ. C. '12 § 2282; Civ. C. '02 
§ 1499; G. S. 1186; R. S. 1290; 1881 (17) 592. 

A tenant in possession under a lease alone premises. Holliday v. Holliday, 30 S. C. 
has the right under this section to recover 613, 9 S. E. 104. 
for animals trespassing upon the leased 

§ 6-318. Liability of owner for maintenance; bond; recovery of possession. 

In case the claim shall not be amicably or legally adjusted and the tres- 
passing animals recovered by the owner within twelve hours after the re- 
ceipt of such notification, the owner shall further become liable in a sum 
sufficient to cover the maintenance and care of his stock up to the time of its 
removal. But the owner shall be entitled to recover immediate possession 
of his stock on due execution of such bond to cover expenses and claimed 
damages as any magistrate shall decide to be good and sufficient. 

1942 Code § 6286; 1932 Code § 6286; Civ. C. '22 § 3280; Civ. C. '12 § 2283; Civ. C. '02 
§ 1500; G. S. 1187; R. S. 1291; 1881 (17) 592. 

§6-319. Proceedings when owner unknown. 

When the owner of trespassing stock is unknown the stock may be de- 
tained for the space of one week, awaiting the owner's action. It shall then 
be reported to and become subject to the orders of any magistrate in the 
county in which the stock is taken up, who shall take such action in the 
premises as will effectuate the purpose of §§ 6-316 to 6-318 by advertising the 
stock upon the courthouse door and in two other public places in the county, 

334 



§ 6-320 Animals § 6-322 

giving a full description of the same and the causes of seizure, together with 
the damages, costs and other allowances indicated by said sections, for 
the space of ten days. At the expiration of that time should the owner of 
the stock not have appeared and paid all the expenses, damages and costs 
properly adjusted, as in said sections required, then the magistrate shall 
order his constable to make public sale of the same to the highest bidder 
for cash and out of the proceeds of such sale he shall pay the costs, damages, 
expenses and adjusted claims as in said sections allowed and the surplus, if 
any there be, shall be turned over by the constable to the clerk of the circuit 
court for the county to be by him paid to the owner of such stock upon proper 
proof of such ownership ; and should the proper owner of such stock or ani- 
mal not appear and obtain such surplus within one year from the time the 
same was turned over to the clerk of the court, then the clerk shall return 
and pay over the same to the county treasurer of the county to be by him 
disbursed as county funds. 

1942 Code § 6287; 1932 Code § 6287; Civ. C. '22 § 3281; Civ. C. "12 § 2284; Civ. C. '02 
§ 1501: G. S. 1188; R. S. 1292; 1881 (17) 592. 

Applied in Sanders v. Donnelly, 86 S. C. 
94, 67 S. E. 1070. 

§ 6-320. Proceedings when owners neglect to adjust penalties. 

In any case in which a known owner shall, after notification, neglect for the 
period of three days to adjust the legal demands against him provided m 
§§6-316 to 6-318 according to the plan of adjustment set forth in §6-318, all 
further proceedings shall be taken under § 6-319 as though the owner were un- 
known. 

1942 Code § 6288; 1932 Code § 6288; Civ. C. '22 § 3282; Civ. C. '12 § 2285; Civ. C. '02 
§ 1502; G. S. 1189; R. S. 1293; 1881 (17) 592. 

§ 6-321. Rescuing trespassing stock a misdemeanor. 

Whenever any animal shall be taken up under the provisions of this article, 
it shall be unlawful for any person to rescue the same or deliver it from the 
custody of the person impounding it; and whoever shall violate this pro- 
vision shall be guilty of a misdemeanor and be punished by a fine of not less 
than five nor more than thirty dollars or by imprisonment in the county jail 
not less than five nor more than thirty days. 

1942 Code §§ 1222, 1223; 1932 Code §§ 1222, 1223; Cr. C. '22 §§ 110, 111; Cr. C. '12 
§§ 229, 230; Cr. C. '02 §§ 176, 177; G. S. 1190, 1191; R. S. 171, 172; 1881 (17) 593; 1903 
(24) 111; 1921 (32) 200. 

§ 6-322. Satisfaction a defense in criminal prosecutions. 

In any criminal prosecution for violation of the provisions of §6-321, the 
defendant may plead, as a matter of defense, the full satisfaction of all rea- 
sonable demands of the party or parties aggrieved by such violation ; and 
upon such plea being legally established and upon payment of all costs 
accrued up to the time of such plea he shall be discharged from further 
penalty. 

1942 Code § 1225; 1932 Code § 1225; Cr. C. '22 § 113; Cr. C. '12 § 233; Cr. C. '02 § 179; 
G. S. 1193; R. S. 173; 1881 (17) 594. 

335 



§ 6-331 Code of Laws of South Carolina § 6-336 

Article 3. 
Regulation of Stockyards, Dealers in Livestock, etc. 

§ 6-331. "Livestock market" defined. 

For the purpose of this article the term "livestock market" as hereinafter 
used shall mean livestock auction markets, public livestock assembly pens, 
stockyards, dealers in livestock, cooperative or buying stations or any other 
public place operated as a livestock market, exchange or shipping point where 
livestock is assembled. 

1950 (46) 2346. 

§6-332. Permit. 

Any person operating a public livestock market within the State shall 
be required to obtain from the State Veterinarian a permit authorizing the 
operation of such market. 

1950 (46) 2346. 

§ 6-333. Application for permit. 

Application for a permit shall be made on forms furnished by the office 
of the State Veterinarian and shall show the full name and address of all 
persons having a financial interest in the market, the name of the officer, 
manager and person in charge, the name under which the market will operate, 
the day of the week and the hour the auctions are to be held and the location 
and facilities for holding and segregating animals. 

1950 (46) 2346. 

§ 334. Inspection ; grant and revocation of permit. 

Upon the filing of the application on the forms prescribed and the giving of 
a bond as required in this article the technical livestock committee, com- 
posed of four men appointed by the board of trustees of The Clemson Agricul- 
tural College of South Carolina and the president, vice-president and secretary of 
the Livestock Dealers Association shall make an official inspection of the prem- 
ises of the applicant and if, in their opinion, the owner of the proposed market 
can comply with the provisions of this article the State Veterinarian shall issue 
the permit. This permit may be revoked by such committee for violation 
of the provisions of this article or the rules and regulations relating thereto. 

1950 (46) 2346. 

§ 6-335. Duration of permits. 

All permits issued under the provisions of this article shall be effective 
until the following July first unless cancelled for cause. 

1950 (46) 2346. 

§6-336. Bond. 

The operator of the proposed livestock market shall file with his applica- 
tion for a permit a two thousand dollar surety bond acceptable to the board 
of trustees of The Clemson Agricultural College of South Carolina to se- 

336 



§ 6-337 Animals § 6-341 

cure the performance of all obligations incident to the operation of the live- 
stock market under the provisions of this article. But no such bond shall be 
required of a livestock market association organized under a law which re- 
quires the association to be bonded or a market operating under the Fed- 
eral Packers and Stockyards Act. 
1950 (46) 2346. 

§ 6-337. Facilities required and condition thereof. 

All public livestock auction markets operating under this article shall have 
proper facilities for holding livestock which shall include proper pens for 
holding and segregating, properly protected from the weather, adequate water 
supply and such other equipment as the inspecting committee, as established 
in § 6-334, may deem necessary for the proper operation of the market. The 
premises, including yards, pens, alleys and chutes, shall be cleaned and dis- 
infected as outlined in the regulations issued in accordance with this article. 

1950 (46) 2346. 

§6-338. Records. 

The market shall keep a complete record showing from whom all animals 
are received, to whom sold and, in case of brucellosis, tuberculosis or para- 
tiiberculosis reactors, the weight, price paid and price received, such 
record to be available to the State Veterinarian or his authorized representa- 
tive. 

1950 (46) 2346. 

§ 6-339. Cattle to be tested for brucellosis. 

Blood samples to test for brucellosis shall be drawn from all cattle for dairy 
and breeding purposes before they are removed from any public livestock auc- 
tion market, unless such cattle are accompanied by an officially approved cer- 
tificate of health, showing that they have passed a negative test in an approved 
laboratory within thirty days of the date of sale or that they are from an of- 
ficially recognized brucellosis accredited herd. 

1950 (46) 2346. 

§ 6-340. Animals to be tested for tuberculosis and paratuberculosis. 

All animals except those for immediate slaughter shall be tested for tuber- 
culosis and paratuberculosis when deemed advisable by the State Veterinarian 
before they are released from the stockyards. 

1950 (46) 2346. 

§ 6-341. Swine to be inoculated against cholera. 

All swine removed from any public livestock market, except those for im- 
mediate slaughter, shall be accompanied by an official receipt issued by the 
veterinarian treating the hogs, showing that the hogs have been properly in- 
oculated against cholera. The receipt shall show the number of animals 
treated, the amount of serum and virus used and the cost of it. One copy of 
[ISC Code]— 22 337 



§ 6-342 Code of Laws of South Carolina § 6-346 

the receipt shall be forwarded on the date of sale to the State Veterinarian, 
Columbia, South Carolina. 
1950 (46) 2346. 

§ 6-342. Liability of person removing livestock for slaughter. 

Any person who shall remove from a public livestock market any cattle, 
swine or other livestock for immediate slaughter shall use them for immediate 
slaughter only or resale for slaughter in accordance with this article and the 
regulations issued in accordance with it. The owner of such animals shall be 
charged with the responsibility of having such animals slaughtered and shall 
be liable for all damages resulting from diverting them to other uses by failing 
to have them slaughtered. 

1950 (46) 2346. 

§ 6-343. Infected or exposed animals. 

All animals known to be infected with or exposed to any contagious or in- 
fectious disease and any animal that reacts to a test indicating the presence of 
such a disease shall be held separate and apart from healthy animals and shall 
not be sold, traded or otherwise disposed of except for immediate slaughter 
only. 

1950 (46) 2346. 

Cross references. — As to sale of animals disposal of reactors to tuberculin or para- 
infected with brucellosis, see § 6-449. As to tuberculin test, see § 6-474. 

§ 6-344. Veterinarians for auctions ; cost of tests, etc. 

The State Veterinarian shall provide the service of competent veterinarians 
to attend all auction sales at the various livestock markets on the day of the 
sale. The costs, exclusive of the pay of the veterinarian, of all tests, serums, 
vaccine, treatments and labor furnished by the livestock auction market nec- 
essary for the enforcement of this article and the protection of livestock 
against contagious and infectious diseases shall be paid for by the buyer of 
such livestock and such costs, exclusive of the pay of the veterinarian, shall 
constitute a lien against all such animals. 

1950 (46) 2346. 

§ 6-345. Rules and regulations. 

The technical committee may promulgate and enforce such rules and regu- 
lations as may be necessary to carry out the provisions of this article. 

1950 (46) 2346. 

§ 6-346. Enforcement by peace officers. 

Any town, city, county or State peace officer or highway patrolman may 
stop and ascertain whether any conveyance transporting livestock along the 
highways and streets within the State have proper receipts or certificates in 
accordance with the provisions of this article. 

1950 (46) 2346. 

338 [ I SC Code] 



§ 6-347 



Animals 



§ 6-347 



§ 6-347. Penalties. 

Any person who shall knowingly violate any provisions set forth in this ar- 
ticle or any rule or regulation duly established by the technical committee or 
who shall wilfully fail to comply with any provision of this article shall be 
guilty of a misdemeanor and upon conviction thereof shall be fined not 
more than one hundred dollars nor less than twenty-five dollars or impris- 
oned not to exceed thirty days. 

1950 (46) 2346. 



CHAPTER 5. 
Sanitary and Health Provisions. 



Article 1. 
General Provisions. 

Sec. 

6-401. Clemson to investigate diseases of 
domestic animals, etc. 

6-402. Blank. 

6-403. State Veterinarian; powers. 

6-403.1. Expenses of Veterinarian. 

6-404. Veterinarian may establish quaran- 
tine. 

6-405. Regulations in case of outbreak of 
foot and mouth disease. 

6-406. Sale of diseased livestock. 

6-407. Selling flesh of animals diseased or 
injured. 

6-408. Commissioner of Agriculture to en- 
force preceding section. 

6-409. Obstruction of State Veterinarian. 

6-410. Funds in case of epidemic of foot and 
mouth disease. 

6-411. State to pay portion of indemnity for 
cattle infected with Bang's disease. 

Article 2. 

Remedies in Case of Infection. 

6-421. Order to disinfect stock or any place. 
6-422. Same; cattle, etc., exposed to cattle 

tick. 
6-423. Penalty for failure to disinfect. 
6-424. Venue of prosecutions under § 6- 

423. 
6-425. Treatment or destruction of diseased 

animals. 
6-426. Compensation for killing of certain 

diseased animals. 
6-427. Blank forms certify results. 
6-428. Appointment of appraisers of animals 

to be killed. 
6-429. Procedure when prescribed method 

unsatisfactory to owner. 



Sec. 

6-430. 

6-431. 

6-432. 

6-433. 



6-441. 

6-442. 

6-443. 
6-444. 

6-445. 
6-446. 

6-447. 
6-448. 
6-449. 
6-450. 

6-451. 

6-452. 

6-453. 
6-454. 

6-455. 

6-456. 
6-457. 
6-458. 



Form of appraisements. 

Procedure when animal killed be- 
cause exposed to infection. 

Expenses of appraisal. 

Appraisal of animals condemned for 
foot and mouth disease. 

Article 3. 
Brucellosis. 

Brucellosis defined; when animal in- 
fected. 

"Approved accredited veterinanian" 
defined. 

Conduct of control. 

Suspected animals subject to quaran- 
tine. 

Vaccination. 

Tattooing or branding of vaccinated 
animals. 

Sale of vaccine. 

Sale of cattle generally. 

Sale of infected animals. 

Liability for sale of infected animal 
except for slaughter. 

Veterinarian to recommend testing of 
suspected animals; quarantine if 
owner refuses. 

Area tests; when cattle not to be 
brought into area. 

How blood samples for tests drawn. 

Report and branding of infected ani- 
mals. 

Cooperation with United States; in- 
spectors. 

Reports. 

Enforcement of rules and regulations. 

Penalties. 



339 



§ 6-401 



Code of Laws of South Carolina 



§ 6-403 



Sec. 

6-471. 



6-472. 
6-473. 
6-474. 
6-475. 
6-476. 



Article 4. 

Tuberculosis and Paratuber- 
culosis. 



Tuberculosis and paratuberculosis 
declared to be contagious and in- 
fectious; animals subject to quaran- 
tine. 

Tuberculin and paratuberculin tests; 
observation. 

Quarantine of herds in which re- 
actors found. 

Reactors to be slaughtered, etc., dis- 
infecting quarters and equipment. 

Liability for disposing of affected ani- 
mal except for immediate slaughter. 

Official tests. 



Sec. 

6-477. Inspectors; accepting assistance from 

United States Government. 
6-478. Penalties. 

Article 5. 
Importation of Livestock. 

6-491. Imported livestock to be accompa- 
nied by health certificate. 

6-492. Quarantine and tests when certificate 
lacking. 

6-493. Rules and regulations; peace officers 
may stop and check livestock car- 
riers 

6-494. Penalties; civil liability. 

6-495. Slaughtering establishments exempt- 
ed. 



Article 1. 
General Provisions. 

§ 6-401. Clemson to investigate diseases of domestic animals, etc. 

The board of trustees of The Clemson Agricultural College of South Car- 
olina shall make investigations relating to the diseases of cattle and other 
domestic animals and poultry and domesticated fowls of every kind. It 
shall from time to time ascertain in what section of the State cattle are free 
from contagious or infectious diseases or splenetic fever; shall publish and dis- 
tribute from time to time information relating to contagious diseases and 
suggest remedies therefor; and may in any such cases quarantine such indi- 
vidual animals and regulate the transportation of stock from one section of 
the State to another. It may cooperate with the officials of other States 
and with the United States Department of Agriculture in establishing and 
maintaining such cattle districts and quarantine lines as they may deem proper 
and best to prevent the introduction of cattle diseases, such as splenetic or 
Spanish fever. It may expend such funds as may be necessary to carry 
into effect any and all of the purposes aforesaid. And it may adopt and 
publish such rules and regulations as they may deem necessary and advisable 
to carry into effect any and all of the objects and purposes of this section or 
any of the matters referred to herein. 

1942 Code §§ 5750, 5806-34; 1932 Code §§ 1339, 5750; Cr. C. '22 § 229; Cr. C. '12 § 523; 
1909 (26) 209; 1923 (33) 143; 1928 (35) 1192. 

Cross reference. — For rules and regula- son Agricultural College, in Volume 7 of 
tions promulgated under authority of this this Code, 
section, see Rules and Regulations, Clem- 

§6-402. Blank. 

§ 6-403. State Veterinarian ; powers. 

The veterinarian of The Clemson Agricultural College of South Carolina 
shall be the State Veterinarian and may visit any section of this State where 
any contagious disease among animals, including poultry and domesticated 
fowls of every kind, is believed to exist and shall determine, under the rules and 

340 



§ 6-403.1 Animals § 6-407 

regulations of the board of trustees of the College whether such affected ani- 
mals are worthy of remedial treatment or should be destroyed. | 

1942 Code §§ 5748, 5750; 1932 Code §§ 5748, 5750; Civ. C. '22 § 2844; Civ. C. '12 § 1904; 
Civ. C. '02 § 1317; 1901 (23) 737; 1928 (35) 1192. 

§ 6-403.1 Expenses of Veterinarian. 

The necessary expenses incurred by the State Veterinarian and his assist- 
ants in the discharge of their duties shall be paid from the funds of The Clem- 
son Agricultural College of South Carolina. 

1942 Code §5749; 1932 Code §5749; Civ. C. '22 §2845; Civ. C. '12 §1905; Civ. C. '02 
§ 1318; 1901 (23) 737. 

§ 6-404. Veterinarian may establish quarantine. 

The State Veterinarian shall quarantine a stall, lot, yard, pasture, field, 
farm or town when he shall determine the fact that livestock in any such place 
is affected with contagious, infectious or communicable disease or when such 
livestock is infested or infected with the carrier or carriers of any contagious, in- 
fectious or communicable disease. The State Veterinarian, assistant state 
veterinarian or livestock inspectors appointed by the Veterinarian, shall give 
written or printed notice of the establishment of such quarantine to the owners 
or keepers of such livestock. Any person who shall move livestock from such 
premises without written permission from the State Veterinarian or an au- 
thorized livestock inspector shall be guilty of a misdemeanor. All violations 
of this section shall be punishable by a fine of not less than ten dollars nor 
more than one hundred dollars or imprisonment not less than ten days nor 
more than thirty days, in the discretion of the trial court. 

1942 Code § 5806-34; 1932 Code § 1339; Cr. C. '22 § 229; Cr. C. '12 § 523; 1909 (26) 209; 
1923 (33) 143. 

§ 6-405. Regulations in case of outbreak of foot and mouth disease. 

The board of trustees of The Clemson Agricultural College of South Caro- 
lina and the State Veterinarian may make specific regulations in case of an 
outbreak of foot and mouth disease. 

1942 Code § 5806-39; 1932 Code § 5756; Civ. C. '22 § 2851; 1919 (31) 241. 

§ 6-406. Sale of diseased livestock. 

It shall be unlawful to sell or offer for sale in this State any horse, mule, 
cattle, hog or any other livestock or any poultry or domesticated fowl of any 
kind that is known to be affected with any contagious disease, the tendency 
of which is to cause the death of any such livestock ; and any person violat- 
ing the provisions of this section shall be deemed guilty of a misdemeanor 
and, upon conviction, shall be fined in a sum not exceeding one hundred dol- 
lars or be imprisoned in the county jail not exceeding thirty days. 

1942 Code §§ 5750, 5806-31; 1932 Code §§ 1344, 5750; Cr. C. "22 § 233; Cr. C. '12 § 527; 
Cr. C. '02 § 369; 1901 (23) 738; 1928 (35) 1192. 

§ 6-407. Selling flesh of animals diseased or injured. 

Any person who shall knowingly sell or expose for sale the flesh of any 
animal which (a) was diseased or seriously injured at the time of slaughter- 
ing, (b) died a natural death or (c) may be found dead from a cause unknown 

341 




§6-408 Code of Laws of South Carolina §6-411 

to such person shall be guilty of a misdemeanor and, on conviction, shall be 
fined not less than five dollars nor more than one hundred dollars or impris- 
oned not less than ten nor more than thirty days ; provided, that this section 
shall not apply to the sale of the flesh of any animal which is accidentally killed 
when the same is immediately prepared for market and the seller informs the 
buyer of the time, place and nature of the death of such animal. 

1942 Code § 5806-32; 1932 Code § 1453; Cr. C. '22 § 399; Cr. C. '12 § 407; Cr. C. '02 § 305; 
R. S. 265; 1883 (19) 385; 1905 (24) 866. 

§ 6-408. Commissioner of Agriculture to enforce preceding section. 

The Commissioner of Agriculture and his assistants designated for the 

purpose shall be charged with the enforcement of § 6-407. 

1942 Code §5128-27; 1932 Code §1452; Cr. C. '22 §398; Cr. C. '12 §406; 1904 (24) 531; 
1907 (25) 528; 1913 (28) 35; 1917 (30) 51; 1924 (33) 971. 

§ 6-409. Obstruction of State Veterinarian. 

It shall be unlawful for any person to hinder or obstruct the State Veteri- 
narian or any assistant of his in the enjoyment of the rights given by § 6-403, 
or in the discharge of the duties prescribed by § 6-425. Any person violating 
the provisions of this section shall be guilty of a misdemeanor and, upon con- 
viction, shall be punished by a fine not exceeding one hundred dollars or by 
imprisonment in the county jail for not exceeding thirty days. 

1942 Code § 5749-1; 1932 Code § 1454; Cr. C. '22 § 400; Cr. C. '12 § 295; Cr. C. '02 § 371; 
1901 (23) 737. 

§ 6-410. Funds in case of epidemic of foot and mouth disease. 

Whenever the State Veterinarian shall certify to the Governor that an out- 
break of foot and mouth disease has occurred within the bounds of the State, 
the Governor may execute a note or notes in the name of the State, counter- 
signed by the Comptroller General and the State Treasurer, and may raise 
sufficient funds in that manner to be used in the eradication of said disease. 
Such sum of money shall be placed in the State Treasury and be drawn on by 
warrants, issued by the proper officers of The Clemson Agricultural College 
of South Carolina in the usual manner that such warrants are issued, and shall 
be paid by the State Treasurer in the same manner. Such sum of money shall 
be used for the payment for destroyed animals, for the employment of ad- 
ditional help by the authorities of said College and for such other expenses as 
in the discretion of the board of trustees of the College may be necessary and 
incident to the eradication of said disease. 

1942 Code § 5806-40; 1932 Code § 5757; Civ. C. '22 § 2852; 1919 (31) 241. 

§ 6-411. State to pay portion of indemnity for cattle infected with Bang's dis- 
ease. 

The State will cooperate with the Federal Government in paying indemnity 
for cattle owned in this State known to be infected with Bang's disease as a 
result of a test made by the Bureau of Animal Industry, United States Depart- 
ment of Agriculture or by a graduate veterinarian licensed by the State Board of 

342 



§ 6-421 Animals § 6-422 

Veterinary Examiners of the State and The Clemson Agricultural College of 
South Carolina cooperating, in accordance with rules and regulations pre- 
scribed by said bureau and said college and whose owners agree to cooperate 
with the Federal Government and the State in the control and eradication of 
said disease. The State shall in no case pay as its portion of the indemnity 
for a grade animal a sum in excess of twenty-five dollars and for a pure-bred 
animal a sum in excess of fifty dollars. Nor shall any such animal be so ap- 
praised or paid for unless it be at least six months old and has been in good 
faith owned and kept within the State for six months immediately before the 
killing. Such payment on the part of the State of South Carolina shall be 
made from such funds as may annually be made available to the livestock 
sanitary department of The Clemson Agricultural College of South Carolina 
for such purpose by the General Assembly of the State. The State Veteri- 
narian shall, upon request, furnish to persons needing the same suitable blank 
forms to be used in certifying the result of any test made under the provisions 
hereof. 

1942 Code § 5806-43; 1939 (41) 220; 1943 (43) 78; 1948 (45) 1869. 

Article 2. 
Remedies in Case of Infection. 

§ 6-421. Order to disinfect stock or any place. 

The State Veterinarian or any livestock inspector appointed by him may 
give written notice to any person owning, possessing or controlling any live- 
stock which may be found infested or infected with, or exposed to a carrier 
of, any infectious, contagious or communicable disease, or any barn, shed, yard or 
field which is capable of conveying such infection or contagion to disinfect the 
same or have the same disinfected within five days from the service of such 
notice. If any person shall refuse or neglect for five days from the service 
of such notice to disinfect such animals, livestock or premises in the manner 
and method and at the time that such written notice may specify, such person 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable 
to a fine of not less than ten dollars nor more than one hundred dollars or to 
imprisonment for not less than ten nor more than thirty days in the county 
jail or upon the public works of the county in which such offense occurs; 
provided, Jwzvever, that there shall be no conviction, fine or imprisonment im- 
posed upon any person under this section unless it shall appear that all neces- 
sary medicines or disinfectants shall have been furnished or offered free of 
charge and without any cost whatever to the owner or controller of the live- 
stock or property at the same time or previous to the giving of the written 
notice. 

1942 Code § 5806-42; 1932 Code § 5752; Civ. C. '22 § 2847; 1912 (27) 670; 1918 (30) 826. 

§ 6-422. Same ; cattle, etc., exposed to cattle tick. 

Any person, owning, possessing or controlling any cattle, horse, mule or ass 
which may be found infested or infected with or exposed to the cattle fever 
tick (margaropus annulatus) when served with a disinfection notice by the 

343 



§ 6-423 Code of Laws of South Carolina § 6-425 

State Veterinarian, his assistant or any livestock inspector appointed by the Vet- 
erinarian, shall disinfect or have such cattle, horse, mule or ass disinfected, under 
the supervision of the State Veterinarian, his assistant or a livestock inspec- 
tor appointed by the Veterinarian, in or with a disinfectant approved by the 
Veterinarian, in the manner and at the time and place specified in the dis- 
infection notice within five days from the service of the notice and every four- 
teen days thereafter, if the notice so provides, until notified by the State Vet- 
erinarian, his assistant or livestock inspector appointed by the Veterinarian, 
that it is no longer required or necessary to disinfect such cattle, horse, mule 
or ass. 

1942 Code § 5806-35; 1932 Code § 1340; 1923 (33) 143. 

§ 6-423. Penalty for failure to disinfect. 

If after the service of such disinfection notice, any person owning, possess- 
ing or controlling any cattle, horse, mule or ass infested with or exposed to 
the cattle fever tick (margaropus annulatus) shall fail, refuse or neglect to 
disinfect or have such cattle, horse, mule or ass disinfected within five days 
from the service of the disinfection notice and every fourteen days thereafter 
in accordance with the requirements of the notice, he shall be guilty of a 
misdemeanor and, upon conviction, shall be fined for each and every offense 
not less than ten dollars, nor more than one hundred dollars or be imprisoned 
not less than ten days nor more than thirty days in the county jail or upon the 
public works of the county in which he is convicted, in the discretion of the 
trial court. Each failure to disinfect or have such cattle, horse, mule or ass dis- 
infected in accordance with the requirements of the disinfection notice shall 
constitute a separate and distinct offense. 

1942 Code § 5806-35; 1932 Code § 1340; 1923 (33) 143. 

§ 6-424. Venue of prosecutions under § 6-423. 

Any person owning, possessing or controlling any cattle, horse, mule or 
ass that may be found infested or infected with or exposed to the cattle fever 
tick (margaropus annulatus) in any county within this State other than the 
county in which such person resides may be tried for any violation of § 6-423 
either in the county where the cattle, horse, mule or ass which is infested or in- 
fected with or exposed to the cattle fever tick (margaropus annulatus) are 
kept or in the county in which the person owning, possessing or controlling 
such cattle, horse, mule or ass resides. 

1942 Code § 5806-35; 1932 Code § 1340; 1923 (33) 143. 

§ 6-425. Treatment or destruction of diseased animals. 

When two or more reputable citizens of any county in this State shall no- 
tify the Veterinarian that any animals, including poultry and domesticated 
fowls of every kind, in their county are affected with a contagious disease, 
the tendency of which is to cause the death of such animals, including the 
disease commonly known as "foot and mouth disease," he shall investigate the 
same or cause an investigation thereof to be made. For such purpose he or 
any assistant of his shall have the right to go upon any premises on which such 

344 



§ 6-426 Animals § 6-428 

affected animals are or are supposed to be. The Veterinarian may treat such 
affected animals, at the expense of the owner of the same, or he may cause 
the same to be destroyed, under such rules and regulations as may be pre- 
scribed by the Board of Trustees of The Clemson Agricultural College of 
South Carolina. Except as otherwise expressly provided no compensation 
shall be paid to the owner of any animals destroyed under the provisions of 
this section. 

1942 Code §§ 5749, 5750; 1932 Code §§ 5749, 5750; Civ. C. '22 § 2845; Civ. C. '12 § 1905; 
Civ. C. '02 § 1318; 1901 (23) 737. 

§ 6-426. Compensation for killing of certain diseased animals. 

Neither tuberculous cattle nor glandered horses, mules or asses shall be 
killed as such until they have been inspected by the State Veterinarian, an 
assistant of his or a graduate veterinarian licensed by the State Board of 
Veterinary Examiners and are pronounced by him to be so diseased. And 
whenever any animal is killed because it is afflicted with either of said diseases 
the actual cash value of the diseased animal immediately prior to killing and 
the cash value of the carcass, if any, shall be fixed within twenty-four hours 
thereafter by appraisers chosen in the manner described in § 6-428. The 
value of the carcass shall be deducted from that of the living animal and 
three-fourths of the remainder shall be paid to the owner by the State in cases 
of horses and mules and one-third of such remainder shall be paid by the 
State in cases of cattle ; provided, that: 

(1) In no case shall the appraised value of a horse exceed one hundred and 
fifty dollars; 

(2) The State shall in no case pay as its portion of indemnity for a grade 
cow a sum in excess of twenty-five dollars or for a pure-bred registered cow a 
sum in excess of fifty dollars ; and 

(3) No such animal shall be so appraised or paid for unless it be at least 

six months old and have been in good faith owned and kept within the State 

for six months immediately before the killing. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294, 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 1888. 

§ 6-427. Blank forms certify results. 

The State Veterinarian shall, upon request, furnish the persons needing the 
same, suitable blank forms to be used in certifying the result of any test made 
under the provisions of § 6-426. 

1948 (45) 1888. 

§ 6-428. Appointment of appraisers of animals to be killed. 

Whenever the State Veterinarian or an assistant of his shall, pursuant to § 6- 
426, decide upon the killing of an animal he shall notify the owner of such de- 
cision in writing. If satisfactory to the owner three appraisers shall then be 
chosen in the following manner: one shall be appointed by the State Veteri- 
narian or an assistant of his, one shall be appointed by the owner and the third 
shall be the State Veterinarian or an assistant of his. The persons so appoint- 

345 



§ 6-429 Code of Laws of South Carolina § 6-432 

ed must be practical stock men and their services shall be rendered free of 

charge. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294, 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 18S8. 

§ 6-429. Procedure when prescribed method unsatisfactory to owner. 

Should the method of appraisal prescribed by § 6-428 be unsatisfactory to 
the owner he may, within twenty-four hours after receipt of notice from the 
State Veterinarian, file with the chairman of the veterinary committee of the 
board of trustees of The Clemson Agricultural College of South Carolina a 
protest stating therein under oath that, to the best of his knowledge and be- 
lief, the animal is not infected with tuberculosis or glanders. Thereupon if 
the animal be killed an autopsy shall be held by three experts, who shall be 
graduate veterinarians of a recognized college, one to be appointed and paid 
by the owner, one to be appointed by the State Veterinarian and paid by the 
State and the third to be the State Veterinarian or an assistant of his. These 
three experts shall appraise such animal before it is killed at its actual cash 
value and if the autopsy shows that the animal is entirely free from any such 
disease the cash value of the animal immediately before the killing shall be paid 
to the owner by the State, less the value of the carcass. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294, 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 1888. 

§ 6-430. Form of appraisements. 

Appraisements made under §§ 6-426 and 6-429 shall be in writing and shall 

be signed by the appraisers and certified by the local board of health and the 

State Veterinarian, respectively; these appraisements shall be transmitted to 

the Comptroller General, who shall draw a warrant on the State Treasurer 

for the amount thereof. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294. 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 1888. 

§ 6-431. Procedure when animal killed because exposed to infection. 

If any animal be killed by the order of the State Veterinarian or an assist- 
ant of his for the sole reason that it has been exposed to contagion or infec- 
tion the provisions of §§ 6-429 and 6-430 as to autopsy, appraisal and payment 
shall apply except that no protest need be filed. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294, 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 1888. 

§ 6-432. Expenses of appraisal. 

The expert appointed by the State Veterinarian to assist in appraising ani- 
mals, in cases of protest, shall receive from the State five dollars per day and 
traveling expenses while on actual duty. An itemized bill of expenses of this 
veterinarian, certified by the local board of health and the State Veterinarian, 
shall be transmitted to the Comptroller General of the State who shall draw 
a warrant on the State Treasurer for the amount thereof. 

1942 Code § 5806-33; 1932 Code § 1338; Cr. C. '22 §§ 146, 228; Cr. C. '12 §§ 294, 522; 
Cr. C. '02 § 370; R. S. 516; 1890 (20) 709; 1909 (26) 209; 1919 (31) 92; 1948 (45) 1888. 

346 



§ 6-433 Animals § 6-444 

§ 6-433. Appraisal of animals condemned for foot and mouth disease. 

Should an outbreak of what is commonly known as "foot and mouth dis- 
ease" occur, the value to be placed on animals condemned and destroyed on 
account of being affected with, or having been exposed to, said disease shall 
be fixed as follows : The method of appraising such value shall be in accord- 
ance with the regulations provided by the United States Department of Ag- 
riculture and upon such appraisal being made the State shall pay one-half of 
the amount at which such livestock is valued, upon a warrant approved by the 
State Veterinarian and drawn by the proper authorities of The Clemson Agri- 
cultural College of South Carolina on the Comptroller General, who shall 
issue his warrant on the State Treasurer for such amount, the same to be paid 
as provided in § 6-410. 

1942 Code §§ 5806-37, 5806-38; 1932 Code §§ 5754, 5755; Civ. C. '22 §§ 2849, 2850; 1910 
(31) 241. 

Article 3. 

Brucellosis. 

§ 6-441. Brucellosis defined; when animal infected. 

"Brucellosis" (Bang's disease) shall mean the disease wherein an animal 
is infected with the Brucella organisms, irrespective of the occurrence or ab- 
sence of an abortion. An animal shall be declared infected with brucellosis 
if it reacts to a serological test made in an approved laboratory or if the Bru- 
cella organisms have been found in the body or its secretions or discharges. 

1949 (46) 454. 

§ 6-442. "Approved accredited veterinarian" defined. 

The words "approved accredited veterinarian' shall be construed to mean a 
graduate veterinarian approved by the State Veterinarian and the Chief, 
Bureau of Animal Industry, United States Department of Agriculture, for the 
testing of cattle intended for interstate shipment. 

1949 (46) 454. 

§ 6-443. Conduct of control. 

The control and eradication of brucellosis in the herds of the State shall be 
conducted as far as the funds of the livestock sanitary department of The 
Clemson Agricultural College of South Carolina will permit and in accord- 
ance with the rules and regulations promulgated by the board of trustees of 
The Clemson Agricultural College of South Carolina. 

1949 (46) 454. 

§ 6-444. Suspected animals subject to quarantine. 

Animals infected with or exposed to the disease of brucellosis, or suspected 
of being carriers of said disease, shall be subject to quarantine and the rules 
and regulations of the livestock sanitary department of The Clemson Agri- 
cultural College of South Carolina. 

1949 (46) 454. 

347 



§ 6-445 Code of Laws of South Carolina § 6-449 

§ 6-445. Vaccination. 

The State Veterinarian may set up a program for the vaccination of calves 
between the ages of four and twelve months, and older cattle, with Brucella 
vaccine in accordance with the recommendations of the U. S. Bureau of 
Animal Industry. Such vaccination shall be done under the rules and reg- 
ulations promulgated by the board of trustees of The Clemson Agricultural 
College of South Carolina. 

1949 (46) 454. 

§ 6-446. Tattooing or branding of vaccinated animals. 

Such vaccinated animals shall be permanently identified by tattooing or other 
methods approved by the State Veterinarian and no indemnity shall be paid 
on any such vaccinated animal. All such vaccinated animals that show a posi- 
tive reaction to an official brucellosis test eighteen months or more after vac- 
cination shall be considered as infected with brucellosis and shall be branded 
with the letter "B" in accordance with the law covering the same. 

1949 (46) 454. 

§ 6-447. Sale of vaccine. 

It shall be unlawful to sell, offer for sale, distribute or use Brucella vac- 
cine or any other product containing living Brucella organisms, except as 
provided for in this article. 

1949 (46) 454. 

§ 6-448. Sale of cattle generally. 

No female cattle or breeding bulls more than six months of age shall be 
sold or moved except for slaughter, unless such cattle either (a) have been 
tested for brucellosis and found negative within thirty days prior to the date 
of sale, (b) are dairy cattle and breeding cattle under thirty months of age 
and were vaccinated against brucellosis with an approved vaccine when they 
were not less than four months nor more than twelve months of age and were 
identified as provided under rules and regluations promulgated by the board 
of trustees of The Clemson Agricultural College of South Carolina and re- 
ported at the time of vaccination to State and Federal cooperating agencies 
or (c) are in brucellosis-free accredited herds or areas at the time of sale. 

1949 (46) 454. 

§ 6-449. Sale of infected animals. 

No animal infected with brucellosis shall be sold, traded or otherwise dis- 
posed of except for immediate slaughter or as designated by the State Veter- 
inarian and the person disposing of such infected animals shall see that they 
are promptly slaughtered and a written report of the same is made to the 
State Veterinarian. 

But the State Veterinarian may permit the sale of valuable purebred, 
registered animals that have reacted to an official brucellosis test or are 
suspected of such reaction, provided such animals go direct to infected 

348 



§ 6-450 Animals § 6-452 

herds that have been vaccinated with Brucella vaccine, as provided for in 

this article, and are held under quarantine in accordance with the law and 

regulations covering the same. 

1949 (46) 454. 

Cross references. — As to disposal of in- § 6-343. As to disposal of reactors to 
fected or exposed animals generally, see tuberculin or paratuberculin test, see § 6-474. 

§ 6-450. Liability for sale of infected animal except for slaughter. 

Any person who knowingly sells or otherwise disposes of an animal infected 
with brucellosis to another, except for immediate slaughter, shall be liable 
in a civil action to any person injured and for all damages resulting there- 
from and shall be equally responsible for violation of this article and the 
regulations promulgated by the board of trustees of The Clemson Agri- 
cultural College of South Carolina. 

1949 (46) 454. 

§6-451. Veterinarian to recommend testing of suspected animals; quarantine 
if owner refuses. 
When the State Veterinarian receives information or has reason to believe 
that brucellosis exists in any animal he shall promptly notify the owner 
and rje^emrrrerrd that a test be applied to such animal and -t h a t - if the animal 
" '±pe found to be diseased it shall be properly disposed of and the premises 
disinfected under the supervision of the State Veterinarian or his author- 
ized representative. (Should the owner fail or refuse to comply with the 
recommendations of the State Veterinarian within ten days after such notice, 
the State Veterinarian, or his authorized representative, shall quarantine 
the animal on the premises of the owner. Such animal shall not be removed 
from the premises where quarantined except upon permission of the State 
Veterinarian. Such quarantine shall remain in effect until the recommenda- 
tions of the State Veterinarian have been complied with and the quarantine 
is canceled by the State Veterinarian. 
1949 (46) 454. 

§ 6-452. Area tests ; when cattle not to be brought into area. 

When the director of the livestock sanitary department of The Clemson 
Agricultural College of South Carolina shall deem it advisable to test all 
cattle in any specified county within the State, in accordance with the pro- 
visions of this article or upon receipt of a petition containing at least seventy- 
five per cent or more of the livestock owners holding ninety-five per cent or more 
of the cattle in the county, the test of all cattle in such county shall become com- 
pulsory and the cattle owners or persons in charge, upon notification from 
the livestock sanitary department or one of the department's inspectors, 
shall assemble or have assembled such animals at the times and places 
designated by an inspector of the livestock sanitary department or the United 
States Bureau of Animal Industry and give such assistance as may be nec- 
essary for the proper testing of the cattle. Inspectors engaged in the area 
testing of cattle for brucellosis shall have due authority to enter premises. 
No cattle, except for immediate slaughter, shall be brought into the county 

349 



§ 6-453 Code of Laws of South Carolina § 6-457 

in which area work is being or has been conducted, unless accompanied by 
a proper test chart and health certificate issued by an approved accredited 
veterinarian, showing that the cattle have passed a proper test for brucel- 
losis. 
1949 (46) 454. 

§ 6-453. How blood samples for tests drawn. 

All blood samples for brucellosis tests shall be drawn by an approved ac- 
credited veterinarian or other person specifically authorized in writing by 
the State Veterinarian. 

1949 (46) 454. 

§ 6-454. Report and branding of infected animals. 

Any animals found infected with brucellosis shall be reported in writing 
to the State Veterinarian within five days after the test and the infected 
animal and all other animals exposed to such animal shall be quarantined on 
the owner's premises. Animals infected with brucellosis shall be branded 
with the letter "B" on the left jaw, not less than three or more than four 
inches high, and be tagged with a suitable ear tag. 

1949 (46) 454. 

§ 6-455. Cooperation with United States ; inspectors. 

The livestock sanitary department of The Clemson Agricultural College 
of South Carolina may cooperate with the United States Department of 
Agriculture in the control and eradication of brucellosis. Said livestock 
sanitary department may appoint and commission, without salary from 
the State, as its inspectors, representatives of the 'United^States-Buretm- of 
Animal Industry and may accept from the United States Government such 
assistance, financial and otherwise, for carrying out the purpose of this 
article, as may be available from time to time. 

1949 (46) 454. 

§ 6-456. Reports. 

Reports, made in duplicate, of all activities of all personnel engaged in the 
testing or vaccination of cattle in connection with brucellosis are com- 
pulsory and shall be made promptly to the livestock sanitary department of 
The Clemson Agricultural College of South Carolna, such reports to be made 
on forms furnished by the department. 
1949 (46) 454. 

§ 6-457. Enforcement of rules and regulations. 

The State Veterinarian may enforce such rules and regulations promulgated 
by the board of trustees of The Clemson Agricultural College of South 
Carolina as may be necessary to carry out the provisions of this article and 
for the effective control and eradication of brucellosis. 

1949 (46) 454 

350 



§ 6-458 Animals § 6-473 

§ 6-458. Penaltier 

Any person violating- any of the provisions hereof or of any of the rules 
and regulations promulgated by the board of trustees of The Clemson Agri- 
cultural College of South Carolina relative to the control and eradication of 
brucellosis shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not more than one hundred dollars nor less than twenty-five 
dollars or imprisoned not to exceed thirty days. 

1949 (46) 454. 

Article 4. 

Tuberculosis and Paratuberculosis. 

§6-471. Tuberculosis and paratuberculosis declared to be contagious and in- 
fectious ; animals subject to quarantine. 

It is hereby declared that the diseases of animals known as tuberculosis 
and paratuberculosis are of a contagious and infectious character, and 
animals affected with or exposed to these diseases, or suspected of being 
carriers of said diseases, shall be subject to quarantine and the rules and 
regulations promulgated by the board of trustees of The Clemson Agricultural 
College of South Carolina. 

1949 (46) 412. 

§ 6-472. Tuberculin and paratuberculin tests ; observation. 

When the livestock sanitary department of The Clemson Agricultural Col- 
lege of South Carolina shall be conducting tuberculosis or paratuberculosis 
eradication work in any county, in cooperation with the United States Bureau 
of Animal Industry under the area plan or under its general authority, to 
eradicate, control and prevent contagious and infectious diseases of animals, 
all persons, firms or corporations owning or having cattle in their charge shall 
upon notice assemble or have assembled such cattle at a time and place des- 
ignated by an inspector or veterinarian of the livestock sanitary department 
of The Clemson Agricultural College of South Carolina or of the United States 
Bureau of Animal Industry in order that tuberculin or paratuberculin tests 
may be applied. Assistance shall be given in confining these cattle in order 
that the test may be administered properly, and the same cattle shall be 
returned for observation at a time and place designated by said inspector or 
veterinarian. Any herd or herds of cattle or all cattle in the modified accredit- 
ed area or other areas shall be tuberculin or paratuberculin tested or retested 
at such times as deemed advisable by the livestock sanitary department of The 
Clemson Agricultural College of South Carolina. 

1949 (46) 412. 

§ 6-473. Quarantine of herds in which reactors found. 

All herds of cattle in which tuberculosis or paratuberculosis reactors have 
been found shall be quarantined and no animal in quarantined herds shall 
be disposed of until all of the remaining cattle in such herds shall have passed 
at least three negative tuberculin or paratuberculin tests applied, not less 

351 



§ 6-474 Code of Laws of South Carolina § 6-477 

than sixty days apart, by an approved accredited veterinarian, and the 
records of such tests shall be filed with the State Veterinarian ; provided, 
hovvever, cattle from such herds for immediate slaughter may be moved on 
special permit issued under the authority of the State Veterinarian. 
1949 (46) 412. 

§ 6-474. Reactors to be slaughtered, etc., disinfecting quarters and equipment. 

All cattle reacting to the tuberculin or paratuberculin test shall be 
branded immediately with the letter "T" not less than three inches high 
on the left jaw by the veterinarian applying the test. All reacting cattle 
shall be identified with suitable ear tags and shall be slaughtered under either 
State or Federal supervision and may be disposed of according to the Fed- 
eral Meat Inspection Regulations, or shall be either burned or the body 
placed at least four feet beneath the surface of the earth, covered with live 
lime and the hole filled with soil. Barns, stalls, lots and all places and articles 
that have been used by the reactor cattle shall be thoroughly cleaned and 
disinfected or destroyed according to the direction of the State Veterinarian. 

1949 (46) 412. 

Cross references. — As to disposal of in- § 6-343. As to sale of animals infected with 
fected or exposed animals generally, see brucellosis, see § 6-449. 

§ 6-475. Liability for disposing of affected animal except for immediate 
slaughter. 

Any person or persons who knowingly sells or otherwise disposes of 
to another, except for immediate slaughter, an animal affected with tuber- 
culosis or paratuberculosis shall be liable in a civil action to any person 
injured, and for any and all damages resulting therefrom and shall be equally 
responsible for violation of this article and the regulations promulgated by 
the board of trustees of The Clemson Agricultural College of South Carolina. 

1949 (46) 412. 

§6-476. Official tests. 

The intradermal and thermal tuberculosis test for tuberculosis and the 
intradermal test for paratuberculosis will be recognized as official tests when 
applied by an approved accredited veterinarian, under the direction of the 
livestock sanitary department of The Clemson Agricultural College of South 
Carolina and when the certificate is filed with the State Veterinarian imme- 
diately after the completion of the test. 

1949 (46) 412. 

§6-477. Inspectors; accepting assistance from United States Government. 

The livestock sanitary department of The Clemson Agricultural College of 
South Carolina is vested with authority to appoint and commission, without 
salary from the State, as its inspectors, representatives of the Bureau of 
Animal Industry, United States Department of Agriculture, and to accept 
from the United States Government such assistance, financial and otherwise, 

352 



§ 6-478 Animals § 6-493 

for carrying out the purpose of this article, as may be available from time to 
time. 

1949 (46) 412. 

§6-478. Penalties. 

Any person, firm or corporation violating any of the provisions hereof, or 
any of the rules and regulations of the board of trustees of The Clemson 
Agricultural College of South Carolina, relative to the control and eradication 
of tuberculosis or paratuberculosis, made and promulgated hereunder, shall 
be guilty of a misdemeanor and upon conviction thereof shall be fined not 
more than one hundred dollars nor less than twenty-five dollars or imprison- 
ment not to exceed thirty days. 

1949 (46) 412. 

Article 5. 
Importation of Livestock. 

§ 6-491. Imported livestock to be accompanied by health certificate. 

It shall be unlawful for any transportation company, person or corpora- 
tion to bring into this State any species of livestock unless such livestock 
has been examined and found free from contagious and infectious diseases 
or exposure to the same in accordance with the laws of this State and rules 
and regulations as promulgated thereunder by the board of trustees of The 
Clemson Agricultural College of South Carolina. Such livestock shall be 
accompanied by a health certificate issued by an approved accredited veter- 
inarian of the state of origin. Such certificate shall contain the ear tag 
numbers or other satisfactory description of each animal and a record show- 
ing the result of any test required for admission and any treatments admin- 
istered prior to shipment. The certificate shall be approved by the state 
official of the state of origin and a copy of it shall be mailed to the State 
Veterinarian, Columbia, South Carolina, prior to the arrival of the animals 
in this State. 

1949 (46) 451. 

§ 6-492. Quarantine and tests when certificate lacking. 

When it has been ascertained that a health certificate has not been obtained, 
as required in § 6-491 and in accordance with the rules and regulations pro- 
mulgated by the board of trustees of The Clemson Agricultural College 
of South Carolina, the State Veterinarian shall be notified and such animals 
shall be quarantined in the nearest place where suitable holding facilities 
are available until such inspection and tests have been conducted and a 
proper health certificate issued by an approved accredited veterinarian at 
the expense of the transportation company or owner of the animals. 

1949 (46) 451. 

§ 6-493. Rules and regulations ; peace officers may stop and check livestock 
carriers. 
The board of trustees of The Clemson Agricultural College of South Caro- 
lina may promulgate and enforce such rules and regulations that may here- 
[ISCCode]— 23 353 



§ 6-494 Code of Laws of South Carolina § 6-495 

under be necessary to carry out the provisions of this article. Any town, 
city, county or State peace officer or highway patrolman may stop and ascer- 
tain whether any conveyance transporting livestock by airplane, railway, 
truck, or any other mode of transportation within the State has the proper 
health certificates in accordance with the provisions of this article. 
1949 (46) 451. 

§ 6-494. Penalties ; civil liability. 

Any transportation company, corporation or agent thereof or any indi- 
vidual violating any of the provisions of this article shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined for each offense 
not more than one hundred dollars nor less than twenty-five dollars or be 
imprisoned for thirty days. Such transportation company, corporation or 
individual shall be liable in a civil action to any person injured for the full 
amount of damages that may result from any violation of this article. Ac- 
tion may be brought in any county in this State in which the animals are 
sold, offered for sale or delivered to a purchaser or anywhere they may be 
detained in transit in violation of the provisions of this article. 

1949 (46) 451. 

§ 6-495. Slaughtering establishments exempted. 

The provisions of this article shall not apply to slaughtering establish- 
ments where an approved accredited veterinarian makes ante- and post- 
mortem examinations in accordance with the rules and regulations as set 
up by the "Bureau of Animal Industry, United States Department of Agricul- 
ture. The inspecting veterinarian shall be employed by either the local mu- 
nicipal authorities, this State or the Bureau of Animal Industry, United States 
Department of Agriculture. 

1949 (46) 451. 



354 [ISC Code] 



Title 7. 
Appeals.* 

Chap. 1. General Provisions, §§ 7-1 to 7-20. 

2. Appeals from Magistrates in Criminal Cases, §§ 7-101 to 7-107. 

3. Appeals from Probate Court, §§ 7-201 to 7-208. 

4. Appeals to Circuit Courts in Other Cases, §§ 7-301 to 7-344. 

5. Appeals to Supreme Court, §§ 7-401 to 7-430. 



CHAPTER 1. 
General Provisions. 



Sec. Sec. 

7-1. Title covers all appeals in civil and 7-10. 

criminal actions. 

7-2. Who may appeal. 7-11. 

7-3. Appeals by corporations in criminal 7-12. 

cases. 

7-4. How appeal made; notice. 7-13. 

7-5. Appeal from verdicts prior to judg- 7-14. 

ment. 

7-6. Notice of appeal stays execution of 7-15. 

sentence. 7-16. 

7-7. Confinement until bail given. 7-17. 

7-8. When bail allowed. 7-18. 

7-9. Amendment to cure failure to perfect 7-19. 

appeal. 7-20. 



Respondent may have papers trans- 
mitted to appellate court. 

How parties designated on appeal. 

Review of intermediate orders affect- 
ing judgment. 

Judgment on appeal. 

Certiorari to magistrate or municipal 
court. 

Where undertakings to be filed. 

Definition of real property. 

Definition of personal property. 

Definition of property. 

Definition of clerk. 

Rules of construction. 



§ 7-1. Title covers all appeals in civil and criminal actions. 

The only mode of reviewing a judgment or order in a civil or criminal ac- 
tion shall be as prescribed by this Title. 

1942 Code § 771; 1932 Code § 771; Civ. P. '22 § 636; Civ. P. '12 § 374; Civ. P. '02 § 335; 
1870 (14) 349. 






Applied in Tallevast v. Kaminski, 146 
S. C. 225, 143 S. E. 796; Montgomery v. 
Robinson, 93 S. C. 247, 76 S. E. 188. 



Quoted in Hill v. Watson, 10 S. C. 268. 



§ 7-2. Who may appeal. 

Any party aggrieved may appeal in the cases prescribed in this Title. 

1942 Code § 773; 1932 Code § 773; Civ. P. '22 § 638; Civ. P. '12 § 376; Civ. P. '02 § 337; 
1870 (14) 351. 



* As to civil remedies and procedure generally, see Title 10. As to courts generally, see 
Title 15. As to criminal procedure generally, see Title 17. As to fees and costs of wit- 
nesses in criminal cases, see §§ 27-601 to 27-623. 

355 



§ 7-3 Code of Laws of South Carolina § 7-6 

Under this section a party ordinarily can- Executor is not entitled to appeal from 

not appeal from a judgment, order, or de- judgment decreeing division of land in 

cree in his own favor. — Wilson v. Southern kind, because he is not aggrieved as re- 

R. Co., 123 S. C. 399, 115 S. E. 764. quired by this section. Byrd v. Shell, 169 

Special proceedings are included in the S. C. 226, 168 S. E. 692. 
word "cases." — Sease v. Dobson, 36 S. C. 
554, 15 S. E. 703, 704. 

§ 7-3. Appeals by corporations in criminal cases. 

In all criminal cases against corporations the right of appeal shall be pre- 
served and the procedure therein shall be the same as is now provided by law 
in other appeals in criminal cases. 

1942 Code § 992; 1932 Code § 992; Civ. C. '22 § 4300; Civ. C. '12 § 2833; 1911 (27) 41. 

§ 7-4. How appeal made ; notice. 

An appeal must be made by the service of a notice in writing on the ad- 
verse party or his attorney and, in the cases provided by law, on the judge, 
magistrate or other officer who heard the cause and with whom the judgment 
or order appealed from is entered, stating the appeal from such judgment 
or order or some specific part thereof. The service of the notice of appeal 
of a cause heard by a magistrate may be made by mailing the notice, properly 
addressed and with sufficient postage, to the magistrate who heard the cause. 

1942 Code § 775; 1932 Code § 775; Civ. P. '22 § 640; Civ. P. '12 § 378; Civ. P. '02 § 339; 
1870 (14) 353; 1878 (16) 698; 1880 (17) 368; 1912 (27) 625. 

Cross reference. — As to how appeal per- 352, 126 S. E. 140. See §§ 7-301 to 7-331 

fected, see §§ 7-9, 7-411. and the notes thereto. 

A notice of appeal must be in writing. — The expressions, "notice of intention to 

Barnwell v. Marion, 56 S. C. 54, 33 S. E. appeal" and "notice of appeal," are used 

719; Abney v. Cole, 30 S. C. 607, 10 S. E. interchangeably and mean the same thing. 

390; Molair v. Port Royal, etc., Ry. Co., 31 Saverance v. Lockhart, 66 S. C. 539, 45 S. 

S. C. 510, 10 S. E. 243. E. 83. 

And this rule applies in a criminal case. Cited in Rylee v. Marett, 121 S. C. 366, 

State v. Avant, 85 S. C. 570, 67 S. E. 908. 113 S. E. 483; Warren v. Wilson, 89 S. C. 

It may be served by mail.— Defendant 108, 71 S. E. 513; Bledsoe v. Columbia Mills 

appealing from magistrate's court to cir- Co., 75 S. C. 545, 55 S. E. 886; Appleby 

cuit court may serve notice of appeal by v. South Carolina, etc., R. Co., 58 S. C. 33, 

mail, in view of S. C. Const., Art. 5, § 23, and 36 S. E. 109; State v. Johnson, 52 S. C. 505, 

this section. State v. Funderburk, 130 S. C. 30 S. E. 592; Bailey v. Blackmon, 14 F. 

(2d) 16. 

§ 7-5. Appeal from verdicts prior to judgment. 

In case an appeal shall be taken from any verdict in any court on which 
a final judgment might be entered, the appellant shall not be prejudiced by 
reason of the fact that his appeal was taken without the entry of such judg- 
ment or before the judgment shall have been entered. 

1942 Code § 775-1; 1934 (38) 1214. 

§ 7-6. Notice of appeal stays execution of sentence. 

In criminal cases service of notice of appeal in accordance with law shall 

operate as a stay of the execution of the sentence until the appeal is finally 

disposed of. 

1942 Code § 1031; 1932 Code § 1031; Cr. P. '22 § 121; Cr. C. '12 § 100; Cr. C. '02 § 73; 
R. S. 73; 1884 (18) 737; 1944 (43) 1256. 

356 



§7-7 



Appeals 



§7-9 



An appea) is finally disposed of when it 
is declared abandoned by competent au- 
thority. — State v. Johnson, 52 S. C. 505, 
30 S. E. 592. 

Bond cannot be declared breached until 
appeal decided. — When bail bond was given 
on appeal from first conviction for main- 
taining a nuisance and was conditioned upon 
good behavior, circuit court was without 
jurisdiction during pendency of appeal from 



second conviction to order bail bond es- 
treated because of the second conviction. 
State v. Cook, 204 S. C. 381, 29 S. E. (2d) 
537. 

Applied in State v. Barton, 201 S. C. 225, 
22 S. E. (2d) 585 (appeal from a convic- 
tion for nonsupport). 

Cited in State v. Avant, 85 S. C. 570, 67 
S. E. 908. 



§ 7-7. Confinement until bail given. 

Pending such appeal the defendant shall still remain in confinement until 

he give bail in such sum and with such sureties as to the court shall seem 

proper. 

1942 Code § 1031; 1932 Code § 1031; Cr. P. '22 § 121; Cr. C. '12 § 100; Cr. C. '02 § 73; 
K. S. 73; 1884 (18) 737; 1944 (43) 1256. 



§ 7-8. When bail allowed. 

Bail shall be allowed to the defendant in all cases in which the appeal is 

from the trial, conviction or sentence for a criminal offense; except that no 

bail shall be allowed when the defendant shall have been sentenced to death, 

life imprisonment or for a term exceeding ten years. 

1942 Code § 1031; 1932 Code § 1031; Cr. P. '22 § 121; Cr. C. '12 § 100; Cr. C. '02 § 73; 
R. S. 73; 1884 (18) 737; 1944 (43) 1256. 



Bail was formerly a matter of discretion. 
Before the 1944 amendment to this section, 
bail after conviction was a matter of dis- 
cretion and not of right. Nichols v. Patter- 
son, 202 S. C. 352, 25 S. E. (2d) 155. 

A tender of sufficient bond stays execu- 
tion, on an appeal from a magistrate's or- 



der, holding one in contempt. State v. 
Barnett, 98 S. C. 422, 82 S. E. 795. 

Applicability of bail provisions to Supreme 
Court.— Section 1032 of the 1942 Code, con- 
taining provisions similar to this section, was 
held not to apply to the Supreme Court in 
State v. Farris, 51 S. C. 176, 28 S. E. 308 
(1897). 



§ 7-9. Amendment to cure failure to perfect appeal. 

When a party shall give, in good faith, notice of appeal from a judgment 
or order and shall omit, through mistake, to do any other act necessary to 
perfect the appeal or to stay proceedings the court may permit an amend- 
ment on such terms as may be just. 

1942 Code § 775; 1932 Code § 775; Civ. P. '22 § 640; Civ. P. '12 § 378; Civ. P. '02 § 339; 
1870 (14) 353; 1878 (16) 698; 1880 (17) 368; 1912 (27) 625. 



Cross reference. — As to correction of in- 
advertent failure to perfect appeal, see § 7- 
411. 

Failure to serve exceptions is relievable 
under this section. — Failure to serve excep- 
tions in time is an omission within this 
section and § 7-411, but the court, within 
its discretion, may permit the party to per- 
fect the appeal. Crosswell v. Connecticut 
Indemnity Ass'n, 49 S. C. 374, 27 S. E. 388. 

But party seeking relief must act within 
reasonable time. — A party appealing from 
a judgment of the probate court must file a 



certified copy in the appellate court within 
a reasonable time; and where he permits 
five terms of court to convene without doing 
so, and fails, after motion to dismiss the 
appeal, to take any steps under this section 
and 7-411, to relieve himself from his neg- 
lect, the appeal is properly dismissed. In 
re Dicks' Will, 90 S. C. 439, 73 S. E. 866. 
Delay pending settlement not grounds 
for dismissal. — Appeal would not be dis- 
missed for failure to perfect appeal where 
plaintiff did not intend to abandon appeal 
but merely intended to delay perfection 



357 



§7-10 



Code of Laws of South Carolina 



§7-13 



of appeal pending negotiation for settle- 
ment of defendant's proposed amendment 
to plaintiff's proposed case for appeal. Sal- 



ley v. Western Mut. Fire Ins. Co., 177 S. C. 
281, 181 S. E. 72. 

Applied in State v. Patterson, 198 S. C. 
181, 17 S. E. (2d) 153. 



§ 7-10. Respondent may have papers transmitted to appellate court. 

If the appellant 'shall not, within twenty days after his appeal is perfected, 

cause a certified copy of the notice of appeal and of the judgment roll or, if 

the appeal be from an order or any part thereof, a certified copy of such 

order and the papers upon which the order was granted to be transmitted to 

the appellate court by the clerk with whom the notice of appeal is filed, the 

respondent may cause such certified copy to be transmitted by such clerk 

to the appellate court and recover the expenses thereof, as a disbursement 

on such appeal, in case the judgment or order appealed from shall be in 

whole or in part affirmed. 

1942 Code § 776; 1932 Code § 776; Civ. P. '22 § 641; Civ. P. '12 § 379; Civ. P. '02 § 340; 
1870 (14) 354. 

§ 7-11. How parties designated on appeal. 

The party appealing shall be known as the appellant and the adverse party 
as the respondent. But the title of the action shall not be changed in con- 
sequence of the appeal. 

1942 Code § 774; 1932 Code § 774; Civ. P. '22 § 639; Civ. P. '12 § 377; Civ. P. '02 § 338; 
1870 (14) 352. 



§ 7-12. Review of intermediate orders affecting judgment. 

Upon an appeal from a judgment the court may review any intermediate 
order involving the merits and necessarily affecting the judgrnent. 

1942 Code § 777; 1932 Code § 777; Civ. P. '22 § 642; Civ. P. '12 § 380; Civ. P. '02 § 341 ; 

1870 (14) 355. 



Order granting new trial cannot be re- 
viewed on appeal from a final judgment 
obtained in the second trial of the case, es- 
pecially if notice of intention to appeal 
therefrom is not given within the time re- 
quired by law. DePass v. Broad River 
Power Co., 173 S. C. 387, 176 S. E. 325. 

But an exception to order overruling de- 
murrer is reviewable without notice of in- 
tention to appeal being filed within ten days 
after the order, on appeal from final judg- 
ment, since the order is intermediate in- 
volving the merits of the case. McCoy v. 
State Highway Dept., 169 S. C. 436, 169 S. 
E. 174. 

And intermediate orders, on appeal from 
decree in receivership proceeding, which af- 
fected the final decree could be reviewed al- 



though no intention to appeal was given 
within ten days after filing of orders. Mont- 
gomery & Crawford v. Arcadia Mills, 173 
S. C. 464, 176 S. E. 589. 

Intermediate decree is reviewable al- 
though appeal therefrom has been dismissed. 
Where a circuit judge enters a decree sub- 
ject to a master's finding on a matter com- 
mitted to him, and another judge renders a 
decree on the master's report, on appeal 
from the latter decree the court may review 
the intermediate decree, though an appeal 
from such intermediate decree has been dis- 
missed, as such dismissal cannot affect the 
court's right to review such intermediate 
decree on appeal from the final judgment. 
Morgan v. Smith, 59 S. C. 49, 37 S. E. 43. 



§ 7-13. Judgment on appeal. 

Upon an appeal from a judgment or order the appellate court may re- 
verse, affirm or modify the judgment or order appealed from in the respect 
mentioned in the notice of appeal and as to any or all of the parties and may, 

358 



§ 7-14 Appeals § 7-19 

if necessary or proper, order a new trial. When the judgment is reversed 
or modified the appellate court may make complete restitution of all prop- 
erty and rights lost by the erroneous judgment. 

1942 Code § 778; 1932 Code § 778; Civ. P. '22 § 643; Civ. P. '12 § 381; Civ. P. '02 § 342; 
1870 (14) 3S6. 

§ 7-14. Ce